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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default Why Are Hospitals And Physicians Protected By Unpublished Cases

    My question involves medical malpractice in the state of: CA

    My question is, where/how can a member of the public review court files
    for all prior unpublished cases involving a litigant's defendants ?

    I believe that one of the plaintiff's handicaps in med/mal
    litigation is based on the fact that it is near impossible to research
    whether the medical defendants had been sued for a similar injury or
    medical misconduct.

    For example, this institution [which will be nameless] has a minimum
    of 50 lawsuits on file at any given time. However, I have only found
    2 or 3 on the court websites, that have been published.
    This appears to defy common sense.

    They either won, lost or settled a percentage of the cases.

    i.e. This dr. has been sued for the same misconduct in the past- and judgment was against him/her but it is unpublished.
    I realize the prior lawsuits cannot be used as evidence, but it would certainly provide insight as to a doctor's or hospital's defense strategy under similar circumstances and if that defendant had a judgment against him/her.

    It's a no-brainer that the medical community is not anxious to provide the patient population with this type of information but in my opinion it is unfair. Suppose I want to consider a certain procedure at a certain hospital by a certain dr. - why shouldn't I have the privilege of researching or reviewing unpublished decisions regarding these parties prior to my decision to use their services.

    How would we ever know that another person [or persons] had been injured by the same dr. at the same hospital??

    Isn't it a likely litigant's argument - that had the unpublished case information about this dr. or hospital been available, no consent would have been given, and an adverse medical even may not have occured?

    Appreciate comments on this.
    Thanks

  2. #2
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Why Are Hospitals-physicians Protected By Unpublished Cases

    Quote Quoting hope4best
    View Post
    How would we ever know that another person [or persons] had been injured by the same dr. at the same hospital??
    Many times, confidentiality is part of the lawsuit settlement.

  3. #3
    Join Date
    May 2008
    Posts
    4

    Default Re: Why Are Hospitals-physicians Protected By Unpublished Cases

    Quote Quoting lealea1005
    View Post
    Many times, confidentiality is part of the lawsuit settlement.

    I agree, however- that only accounts for settled cases
    This particular hospital is one of about 25 affiliate facilities
    So it is hard to believe that the hospitals haven't lost
    at least a percentage of so many cases [as I said as many as 85 at any given time]

    I search weekly for cases against this hospital[s] - and the only 2 I find are employment related -which they did win.

    None of this passes the proverbial smell test to the average citizen...

  4. #4
    Join Date
    May 2008
    Posts
    7

    Thumbs down Re: Why Are Hospitals And Physicians Protected By Unpublished Cases

    -I couldn't agree with you more!! There seems to be a "foul smell" in the air around these facilities/organizations that are either the hospitals and doctors or the people who protect them.

    -PLEASE READ THIS...a quote from a "nameless" doctor who I am well aware of (regarding his practice, his methods, and his dirty tactics)...taken from The Association of American Physicians and Surgeons, Inc...A Voice for Private Physicians Since 1943...

    "...because any black mark in the National Practitioner Data Bank could be fatal, doctors want to keep a virgin, snow-white record. Being a lawyer, I have been able to discover that hospitals may protect doctors who are valuable to them by allowing them to be dropped from a malpractice suit. It is easier for plaintiffs' attorneys to get a settlement from the hospital, which of course does receive 80 to 90% of the revenue from medical care..."

    -I was nothing short of speechless the first time I read this. Not only is the guy a dirty doc...he is an attorney who know the "ins and outs" of the malprac system.

    -The question still remains...if malpractice acts are allowed to be dropped from the doctor onto the "shoulders" of the hospital...why can we not see those malpractice records against the hospitals? It seems as if EVERYTHING magically disappeared from existence.

    -HERE IS MY THOUGHT...because malpractice acts show the fact that a provider/hospital has, in poor faith, done something that was a compromise of proper medical procedure OR did something that put a patient in danger...WHO IS TO SAY that this provider/hosp could never do the same thing again? It is the RIGHT of any patient under the care (or looking to seek care under) of the aforementioned providers to know if they had any actions against them in the past!!! Theoretically, if you could be put in danger by this provider going into a procedure they had a malprac suit against in the past...wouldn't it be your right to know if they did not perform "to a tee" in the past??

    -Think about this...if you eat at the same restaurant for 15 years and all of a sudden, you get Listeria food poisoning one day from some sausage you ate on your regular Thurday night...would you be happy to find out that this restaurant had ONE or even MANY incidences of Listeria poisoning in the past?? I guarantee if you looked to find out which restaurants have had food poisoning outbreaks/incidents in their record, you would have NO problem doing so!!! It is your RIGHT to this information.

    -HOW THE HECK IS THAT ANY DIFFERENT THAN MED MAL?? Food poisoning can kill, although, at least you get a fighting chance the majority of the time. MedMal DOES KILL and you NEVER get that fighting chance.

    -PLEASE HELP ME HELP YOU!! I am on the search for ways to discover the actual history of medmal against these providers/organizations who dont disclose...if you have ANY helpful info to send my way, please do, OK? I will do the same for you if I come across anything!!

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