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To: razzmd
I agree that the tactic of suing everyone possible to see what will stick is wrong. I also agree that making a frivolous claim hoping for a quick settlement offer is wrong. However when an action is filed the attorney does not know all the facts and it may not be clear exactly who should be sued. If the lawyer fails to sue the proper person within the statute of limitations HE will be sued for malpractice.

In your case, where you were sued when you performed appropriate services, was the case pursued to judgment, did your insurer settle, or did the plaintiff non-suit you before or during trial?

There would be benefits to a loser pays system, but there will be costs too. Those with valid claims will be afraid to submit them to the whim of a jury when the result may be that not only were they wrongly damaged, but in trying to recover their damages they end up in debt to the person who wronged them for the rest of their life.

On expert witnesses, I am in total agreement. A whore that one day will testify X is the undeniable truth, and the next that X could not possibly be the truth shouldnt be a trusted source of information.

13 posted on 04/01/2007 11:01:26 AM PDT by jdub
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To: jdub

One of the cases my attorney filed for summary judgement and I was dismissed by the judge, the other I was dismissed following depositions, not exactly sure of the details.

As far as loser pays goes, I think somebody ought to be darn sure they have a case before they put anybody through the ringer. Nobody seems to care that the days and sometimes weeks a doctor has to take time away from his practice to defend himself in these frivolous cases will never be make up to him. Treating doctors like meaningless parts of this hunt for cash comes with a price... soon there won't be anybody taking tough cases


15 posted on 04/02/2007 12:25:47 PM PDT by razzmd
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