Wednesday, January 12, 2011

Many Medical Malpractice Claims Motivated by Anger. This is an Improper Motive

What the doctor is trying to say is the evidence points to personal animus as motivating most malpractice claims. Such a motive is an improper motive and represent lawyer malpractice if it is the real reason for the lawsuit, and the alleged deviation from standards of care and its alleged harm is just a legal pretext. The filing of such a retaliatory claim is an improper use of a civil procedure and itself a tort. The subject of anger should be deeply explored in any patient and family deposition. Then the doctor should file a countersuit against the lawyer, the plaintiff and any family member who encouraged the claim. An attempt should be made to get an injunction from a higher court against any judge allowing such venomous claims to proceed beyond first pleading to dismiss.

The overwhelming majority, perhaps up to 80%, of medmal claims are weak claims. They fail at every stage of litigation. The innocent doctor should not settle, and should consider countersuing the lawyer predator. To deter.

Because there is a first duty to survive and to stay open, the cover up is the most common response of any health entity to medical error. All investigational material will be subject to discovery and may ruin the health entity. One may conclude that these weak, hate filled, retaliatory lawsuits result in the shut down of investigations into systemic improvements that would eliminate medical errors. Every preventable medical error may therefore be caused by the medical malpractice lawyer, with no exceptions.

Saturday, January 8, 2011

The Safeway Massacre. Thank the Supreme Court Again for the Murderous Rampage of a Paranoid Schizophrenic

Now this mass murderer qualifies for involuntary admission to a psychiatric hospital. Of course, first, there has to be a hearing employing 3 lawyers, one to prosecute, one to defend his freedom to the death, of others, naturally, and one to sit in the middle to make the decision. This judge, the lawyer in the middle, is totally unqualified to make any such clinical decision. Yet, this know nothing lawyer will loose the most vicious mentally people on the public, in pure evil.Paranoid schizophrenics murder around 2000 people a year, often with little or no provocation. Every single one of those murders is the responsibility of the rent seeking, lawyer sinecure creating, irresponsible Supreme Court.

Organized medicine has also failed to do enough to enact legislation overturning the horrid Supreme Court decision that took over psychiatry in 1976 to generate lawyer jobs. That decision had no justification since there was no abuse by clinicians signing two commitment certificates. And, if there were abuse, the doctors would suffer an endless series of investigations and punishments.

In the case of the paranoid schizophrenic who killed dozens of people at Virginia Tech University, there had been dozens of complaints about his psychotic statements, and threatening behavior for over two years. Yet, the lawyer protected pure evil from even reporting him to his family so they might get him back into treatment.

On the positive side, the public helped itself by taking a shot at him, and by tackling him. One worries that those heros will be prosecuted by the lawyer.

Sunday, January 2, 2011

There Is No Child Psychiatrist Shortage, Just Laziness

Pediatrics and Family Practice sees 4600 and 4200 visits a year. Child and Adult psychiatriy see 2100 ambulatory encounters in 2009, each. This implies there is no shortage of psychiatrist or of child psychiatrists. It implies they are half as productive, and lazy. We do not need more psychiatrists or child psychiatrists, we need more that are willing to work harder. Earnings have not increased much. That means our productivity has stagnated as well. If the productivity of psychiatrists could approach that of Pediatrics or Family Medicine, it would be equivalent to doubling the supply of psychiatrists. The latter would also have the justification for demands of higher salaries and wages.