Author Topic: you just cannot make up stuff like this  (Read 2774 times)

vaskidmark

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you just cannot make up stuff like this
« on: June 01, 2012, 07:36:19 AM »
http://www.ajc.com/news/gwinnett/jury-awards-3-million-1449443.html

headdesk

Short version - guy who saw doc about chest pains radiating into his left arm dies the day before his scheduled cardiac stress test during a threesome with a friend and a woman who was not his (the dead guy's) wife.  Doc was sued for not taking a proper medical history and not telling guy to stop all physical activity pending cardiac stress test scheduled for 8 days after initial consultation.  Jury award to guy's estate is reduced because guy was found to be 40% responsible for his death.

headdesk

stay safe.
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Hutch

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Re: you just cannot make up stuff like this
« Reply #1 on: June 01, 2012, 08:06:05 AM »
What a way to go.  I imagine many have that as a goal.  Quoting Woody Allen:  "Some artists wish to achieve immortality through their work.  I want to achieve immortality by not dying".

To the point of the original story, this is a further manifestation of our society's casino mentality.
"My limited experience does not permit me to appreciate the unquestionable wisdom of your decision"

Seems like every day, I'm forced to add to the list of people who can just kiss my hairy ass.

RoadKingLarry

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Re: you just cannot make up stuff like this
« Reply #2 on: June 01, 2012, 08:38:08 AM »
But it wasn't the cool kind of threesome.
If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

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MillCreek

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Re: you just cannot make up stuff like this
« Reply #3 on: June 01, 2012, 08:38:59 AM »
Huh.  Speaking as the malpractice expert, nothing here is particularly surprising to me.  I would have to read the actual medical chart to see if the physician erred, but it is not at all uncommon that when a patient presents with chest pain, that a treadmill/stress test is scheduled several days out.  It all goes to what symptoms, history and risk factors the patient has.  I have had several cases in which a patient comes to the office for this sort of thing, and after an initial workup, we determine it is urgent/emergent and load them into the aid unit and take them directly to the cath lab at the hospital for a stenting.  The only thing that made this case newsworthy was the death during the threesome.  I am not surprised that the jury was not particularly impressed by that part and reduced the award accordingly.
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MechAg94

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Re: you just cannot make up stuff like this
« Reply #4 on: June 01, 2012, 11:42:57 AM »
There really needs to be a higher threashold of liability for doctors in cases like this.  I just don't see how the doctor is at all responsible for the guy's death even 1%.  Is there any indication he wouldn't have engaged in that conduct if the doctor told him to stop it? 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

AmbulanceDriver

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Re: you just cannot make up stuff like this
« Reply #5 on: June 01, 2012, 12:38:13 PM »
In my view, the only way the doc should have had liability would be if the pt was having an active MI at the time of the appointment and the doc just sent him on his way, or perhaps if the guys symptoms were severe enough to justify an immediate work up/stress test.  If the dude had a mild to moderate case of angina, with no real symptoms by the time he saw his doc, I can't see how the doc was in any way liable.
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grampster

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Re: you just cannot make up stuff like this
« Reply #6 on: June 01, 2012, 12:47:03 PM »
If the doc had told him to take it easy before the stress test, and he died anyway, the estate probably would have sued the doc loss of companionship in his final days because he told him not to have sex.
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Tallpine

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Re: you just cannot make up stuff like this
« Reply #7 on: June 01, 2012, 12:53:04 PM »
If the doc had told him to take it easy before the stress test, and he died anyway, the estate probably would have sued the doc loss of companionship in his final days because he told him not to have sex.

No sense living longer if you can't enjoy it  ;)
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MechAg94

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Re: you just cannot make up stuff like this
« Reply #8 on: June 01, 2012, 12:57:17 PM »
I guess stupid juries is the main cause.  I also have to wonder if this percentage at fault stuff is part of the problem.  Jurors can avoid the guilt of a bad decision by only saying they are partly at fault.  Hell, if you phrase the question right, you can say anyone was partially at fault for anything.  I guess that is why lawyers like it.
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vaskidmark

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Re: you just cannot make up stuff like this
« Reply #9 on: June 01, 2012, 04:14:41 PM »
I guess stupid juries is the main cause.  I also have to wonder if this percentage at fault stuff is part of the problem.  Jurors can avoid the guilt of a bad decision by only saying they are partly at fault.  Hell, if you phrase the question right, you can say anyone was partially at fault for anything.  I guess that is why lawyers like it.

Careful there, fella.  You are about to put Fistful out of business.  I am not willing to pay that lay-about unemployment insurance.

stay safe.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.

brimic

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Re: you just cannot make up stuff like this
« Reply #10 on: June 01, 2012, 08:35:20 PM »
Quote
But it wasn't the cool kind of threesome.
This.

I'm not even sure its better than going out Carradine -style.
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