That is what I said, they have a resonable chance of wining the case or they would not pursue it. There is something that tells them it is worthwhile. They will not sue if there is not a reasonable expectation of winning
---- Amani Oakley <[email protected]> wrote: > I would be happy to give an inside look at the life of a lawyer, since few > people have any idea what we do or how we do it. > > I feel the need to explain that, first, it is not true that every medication > is the basis of a lawsuit. Second, no lawyer would ever bring such > litigation forward without some very very solid evidence of problems with the > medicine because - and I don’t think you are seeing this - IT IS THE LAWYER > WHO HAS TO PAY HUNDREDS OF THOUSANDS OF HIS/HER OWN MONEY to fund the > litigation. Would YOU bet $100,000 or $200,000 or $500,000 of your own money > (NOT counting thousands and thousands of hours of unpaid work), if you > weren’t convinced there was sufficient and strong enough evidence to win a > case? These cases run for a minimum of 5-7 years, so would you pour in hours > and hours of unpaid time, PLUS hundreds of thousands of dollars of your own > money, on something with no basis in fact??? > > I seriously doubt it. I also don’t know of any other profession where you are > expected to put such significant sums of your own money and your own unpaid > time on the line, for the sake of a client's case, and to run the case for > years and years - unpaid - for the chance to perhaps win in court. The court > battle is always tilted in favour of the big guys (corporate entities, > doctors' professional protection associations, insurance companies). They > have unlimited resources, teams of lawyers, etc., etc. My firm is just me and > my husband. > > In medical malpractice actions in Canada, I can tell you that the statistics > are that for every 10 medical malpractice actions that actually make it into > the court room (many are dismissed on technicalities), NINE are decided in > favour of the doctors. Moreover, in Canada, the doctors don’t pay ANYTHING > for their defence - it is covered by government rebates to the physicians for > 85% of their insurance premiums. And the news is even worse than that. For > the one in ten cases that are actually won by an injured patient, the doctor > will invariably appeal and most of the cases where a patient wins, are > reversed on appeal anyway, so the patient who is successful in trial almost > always loses at appeal. > > ALL OF THAT MONEY, to fund the litigation, hire the necessary experts, bring > the required motions to court, etc., is underwritten by the medical > malpractice lawyer. > > Your enemy is NOT the trial lawyer. You have been fed a bill of goods by > insurance companies. Look into it in any detail and you will see what I mean. > > Now, may I please ask everyone to please leave my current profession out of > this. I am happy to share my information and experience with everyone, and > believe I have been quite generous in doing so. What started all this was a > suggestion that the reason my vets give me Winstrol is because they are > scared of me as a lawyer. I do not believe that to be true, and you should > ask yourself if you are paying attention to my suggestions because I am a > lawyer. Since I am pretty sure that is not the reason, then I would ask that > you recognize that my vets also have been good enough to listen to me because > I am quite up-to-speed on science and medicine, and can interpret blood work > like nobody's business. Additionally, I think Margo's observation is bang on: > if vets were afraid I would sue them, they would never ever try something > "off-label" or experimental with me. As Margo suggested, anyone afraid of > litigation will do everything "by the book". Moreover, as I have pointed out, > I have developed my relationship with my vets for literally decades, and well > before I became a lawyer. I frankly think they are far more impressed with my > ability to speak with them at the same level when it comes to medical issues, > then they are scared of me turning around and suing them. I do not have a > relationship of fear with my vets. > > Amani > > > > -----Original Message----- > From: [email protected] [mailto:[email protected]] > Sent: October-06-16 10:01 AM > To: [email protected] > Cc: Amani Oakley > Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 > > Just klook at the ads on tv. every medication that comes on the market is > now being sued. Someone asked me why? Lawyers who do these things smell a > handsome profit and snese that there is abasis for these suits > > > ---- Amani Oakley <[email protected]> wrote: > > You are correct Margo. No vet would consider experimenting if he thought > > his client might blame him later for things going wrong. But again, that > > presumes that a whole lot of people seriously misunderstand the realities > > of litigation and have bought the insurance companies' spin that there are > > all these crazy people who will sue at the drop of a hat. Sadly, that is > > probably true. > > > > Amani > > > > > > -----Original Message----- > > From: Felvtalk [mailto:[email protected]] On Behalf > > Of Margo > > Sent: October-05-16 6:21 AM > > To: [email protected] > > Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 > > > > > > Funny, my thought was that a Vet would be LESS likely to try anything even > > slightly out of the norm with a potentially litigious client. That they > > would go strictly "by the book" in order to be able to defend what they > > did, should here be a problem. > > > > But then, there are Vets and there are VETS. "My" Vet has her last day > > at the practice Friday for maternity leave, and won't be back until > > January. I have no idea what I'll do. She says she'll be available by > > phone and email, but I have my doubts. Although I DO think she'll be > > bored ;) > > > > Margo > > > > -----Original Message----- > > >From: ROBERT CHAPEL <[email protected]> > > >Sent: Oct 4, 2016 9:03 PM > > >To: [email protected] > > >Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 > > > > > >Amani... > > >I don't know how things work in Canada but I KNOW that were I a > > >lawyer I would get more cooperation from my vet.... As Vets begin to > > >charge more and more and large corporations begin to buy up small > > >practices here in the states the model is now moving toward the > > >downside of human medicine.... discrete scheduling time periods to > > >maximize profits... > > >little time to " discuss" options and an aversion to moving on to > > >topics that could cause spending extra time..... As prices rise so > > >do owner resentments at not being " cared about" or listened to just > > >as in human medicine..... and that( at least in the US) is when > > >lawsuits are most likely to be filed.... Most of us can forgive a vet > > >making a mistake when we feel he/she has put real thought and concern > > >into a Tx plan but putting our pets at risk because an alteration in > > >plan causes him to have to step outside his comfort zone( and spend > > >some extra time > > >thinking) or simply doesn't appear to care.. That doesn't fly when we > > >are paying Hundreds of dollars to save our precious pets.. > > >Malpractice lawyer pet owners ( or patients in human medicine) are > > >likely surreptitiously treated with great care when moving through > > >waters fraught with potential for terminal errors..... and likely get > > >a bit more cooperation from their vets... I am glad for your cats > > >that you ARE in the profession that you now are... > > >So... it is , in my opinion, both good fortune and a dose of > > >deferential caution that gets you the kind of cooperation you get > > >from your vet???? Yeah.... I'm pretty jaded at this point : ) That > > >is why I HAD to retire a bit early.... > > > > > > > > > _______________________________________________ Felvtalk mailing list [email protected] http://felineleukemia.org/mailman/listinfo/felvtalk_felineleukemia.org _______________________________________________ Felvtalk mailing list [email protected] http://felineleukemia.org/mailman/listinfo/felvtalk_felineleukemia.org
