http://www.foxnews.com/story/0,2933,534050,00.html?test=latestnews

Do you think this guy should be able to sue for damages/pain/suffering/loss of enjoyment of life?

I know it is Federally barred, but I would like to know you're opinion on whether he should or should not be able to to sue the docs/hospital and what he should receive.



"The American Cancer Society says uninsured patients are 60 percent more likely to die within five years of their diagnosis."

Yes...
I hate lawsuits, but sometimes, it has to happen


"Despite how the conflict has been portrayed by our glorious media, if you gave any U.S. soldier a gun with two bullets in it, and he found himself in an elevator with Nancy Pelosi, Harry Reid and Osama bin Laden, there's a good chance that Nancy Pelosi would get shot twice, and Harry Reid and bin Laden would be strangled to death."

No, should be buyer beware

------------------------------------------
In Memory of Darren

I'm not a fan of overarching lawsuit protections for military contractors or servicemembers. I think the burden of proof for the plaintiff must still be nearly impossibly high - let's face it, the military is not a huggy place - but there are quite a few cases where obviously botched work has ruined lives or killed people (anyone remember the F-16 wiring problems that kept popping up in the 1980s that killed about 10 pilots?). Those cases must carry a penalty other than just a general feeling of guilt.

I'm sure this doctor will lose his commission (and rightly so), but he should have to face the financial music as well.

I agree Shap. Although, I have a different twist. The doctors need to perform up to the requisite standard of care. Going in to have a gall bladder taken out and coming out with no legs is not acceptable.

As with most things I deal with, some people are against these things until it happens to them or their family. Then, all of the sudden, people's attitudes change.

The poor kid deserves more than just a discharge (which smells fishy since it has been a week and I am sure the AF is not telling his wife he will be discharged at this point...although it is true)

If this was war - then thats what he signs up for. As a soldier you dont get the option to seek medical outside of the military (unless you want to pay cost) you have to see their "medical" doctors who are officers.

He deserves a pension and a compensation package with free benifits for rest of life. He should also be able to live tax free.

Poor kid.

T 

First off, I have to quote T back to himself:

"The poor kid deserves more than just a discharge (which smells fishy"

Not to make light of a serious tragedy, but that is hilarious. Can't believe he typed that without noticing. Just further proof that my mind is apparently sicker than your average poster.


Anyway, heard on NPR today that medical malpractice is "only" 1% of total health costs, slightly more if you add in probably-unnecessary prescriptions that are sometimes given just to make sure they don't get sued (there was a fancy industry term for this, but it eludes me at the moment).

Actually a little higher than I would have guessed. One percent doesn't sound like much, but one percent of tens of billions of dollars a year if not more, it adds up.

Anyway, I know some of you will say NPR is some socialist witchcraft and some might say NPR might as well be National Pentagon Radio, but just thought I would at least give the number as a reference point for debate. If someone has a link with a more definitve number please post.

Its weird how those facts get in the way, isn't it?

All you hear from some idiots is "the G-Damn trial lawyers this, the G-damn trial lawyers that!!!!".

1%...enough said...you have to hand it to the doctors and insurance companies, they have done an impressive job scaring the Murfs of the world to beliving everything is the trial lawyers fault...

"Falc, just because I respond, please dont take it to mean that I give a sh!t about you. I respond because you are the type of person that needs to be told what a whack job you are or else you will go on thinking your behavior is normal and accepted. "

Bronco, correct me if I am wrong, but didn't during the Bush years, the rules changed a bit, to slow down the over loading of lawsuits?
I know for a fact, a former liberal Presidential canidate made his fortune on malpractice lawsuits...seriously cna't think of his name right now, cheated on his wife who had cancer...sh!t..what is his name...
Oh well, I might be wrong here, but I remember something caps on lawsuits.
Maybe it was the cap on states that jailed an innocent person...
Just curious....

I will not lie, I don't like lawyers, unless I need one.
lol...

"Mom said that when I wear this badge you're supposed to treat me like a man of the law"
Officer Goofy Gilmore...aka TrooperHook

Some states have enacted caps on med mal cases (Nevada is one of those states). It limits non-economic damages (pain and suffering to $350,000). The proponents of this said it "had to be done" or else "all the doctors would leave Nevada". Such B.S.

5 years later and even after this was enacted, Dr.'s malpractice premiums have not gone down. the only thing that changed was that people who get paralyzed or go into a coma due to their doctor's negligence now get capped at 350K for pain and suffering. Yeah, that seems fair...(Sarcasm).

Lawyers are one of the backbones of this country. For the most part, lawyers, more than any profession, helped legislate, execute and interpret the laws of our great nation.

The unfortunate thing is the insurance companies have gotten people to believe that the lawyers are the vampires, when in actuality, people who live in glass houses probably shouldn't be throwing those type of stones...