tag:blogger.com,1999:blog-4968787219619380438.post490081035068497933..comments2023-09-21T04:02:29.457-04:00Comments on Skeptical Scalpel: How lawyers deal with being sued for legal malpractice Skeptical Scalpelhttp://www.blogger.com/profile/13206922456661320751noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4968787219619380438.post-70604668039289361192015-10-08T13:07:27.475-04:002015-10-08T13:07:27.475-04:00good post thanksgood post thanksmedical malpractice lawsuitshttp://www.bgmillerlaw.com/noreply@blogger.comtag:blogger.com,1999:blog-4968787219619380438.post-22593533486017674692012-12-18T08:47:22.788-05:002012-12-18T08:47:22.788-05:00The form was meant to accomplish a few things. Fi...The form was meant to accomplish a few things. First, it was honest disclosure. I felt that the patient had the right to know that I was uninsured, and could so choose someone else for surgical care (unlike the attorney mentioned in your example; perhaps the client may have chosen one who did carry liability coverage?). Second, had I been sued, I likely would have pulled the same stunt as the same attorney; declare bankruptcy (I doubt I would have continued in surgery, or even possibly medicine in such a situation). Finally, as I stated, it would have served to notify a potential litigant that my pockets were very shallow; that would hopefully have led to a fishing expedition in different waters. <br /><br />I practice in the rural South. Believe it or not, there are a few little hospitals that are willing to keep a surgeon around even without liability coverage. Like I said on the robot thread, that's another reason I like it down here. artigerhttps://www.blogger.com/profile/13361655152970244221noreply@blogger.comtag:blogger.com,1999:blog-4968787219619380438.post-7817995368559720862012-12-17T16:45:44.643-05:002012-12-17T16:45:44.643-05:00I'm not a lawyer, but I've seen them on TV...I'm not a lawyer, but I've seen them on TV. I'm not sure what your form was meant to accomplish. I believe you may have risked the attachment of future earnings had you been successfully sued. Also, I don't know where you were practicing, but very few hospitals will let you stay on staff without malpractice insurance. That's because they would have had to make up the difference in a payment had someone won a judgement against you both.Skeptical Scalpelhttps://www.blogger.com/profile/13206922456661320751noreply@blogger.comtag:blogger.com,1999:blog-4968787219619380438.post-18973287953474964332012-12-17T12:55:04.104-05:002012-12-17T12:55:04.104-05:00It is infuriating, but it's par for the course...It is infuriating, but it's par for the course. <br /><br />In mid-2003, I went bare for about a month (for various reasons, of which I will provide details if anyone wants to hear the sob story). Naturally, I was concerned about being sued for any reason; however, it was still fairly early in my career, and I had very few assets (read: none, but I had plenty of debt). So, I got this idea that I would provide a form to every patient I saw, in the hospital or in the office, prior to evaluating and treating them. The form said that the patient had been made aware that Dr. Artiger did not currently have liability coverage, that Dr. Artiger had explained this to the patient, and that the patient was in agreement to proceed with care provided by Dr. Artiger under these circumstances. If the patient did not agree, I kindly offered to make a referral to another surgeon, no hard feelings. I don't know that any attorney ever laid eyes on one of those forms, but I felt better knowing that they knew a suit against me would be tapping a dry well. <br /><br />Interestingly enough, in a month's time, only one patient refused to sign. artigerhttps://www.blogger.com/profile/13361655152970244221noreply@blogger.com