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Originally Posted by peacegirl
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Originally Posted by peacegirl
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Originally Posted by Steven Maturin
 I'll never understand your need to hold forth on subjects about which you know nothing. |
I can just as easily say the same about you.  |
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Originally Posted by Stephen Maturin
I suppose you could, but your statement would be false. As we both know, I'm careful to avoid pontificating about subjects on which I know nothing.
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OH YES YOU DO! |
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Originally Posted by Stephen Maturin
That's right. I do indeed carefully avoid pontificating about subjects on which I know nothing.
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You are not all that Stephen. You know a lot about law but that's about it.
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Originally Posted by peacegirl
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Originally Posted by peacegirl
Are you a malpractice lawyer?
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Originally Posted by Stephen Maturin
Nah. I got involved in dozens of civil lawsuits against physicians and other healthcare providers just for the laughs.
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So are you or aren't you? You're so sarcastic it makes it difficult to converse with you. |
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Originally Posted by Stephen Maturin
I'm not a med mal lawyer in the sense that I do nothing else, but yes, I've handled many such cases over the decades, always on the plaintiff side.
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Are you legally called a malpractice lawyer? No you aren't. Therefore you are not knowledgeable on this issue, end of sentence. Isn't that what you did to my father? Let it go, okay? It was a rhetorical question.
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Originally Posted by peacegirl
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Originally Posted by peacegirl
From what I've gathered it would be extremely difficult to win a case if you signed a form where you accepted the potential risks, as long as there was no clear negligence on the part of the surgeon.
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Originally Posted by Stephen Maturin
First of all, you haven't "gathered" anything. You made all this up.
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No I did not. |
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Originally Posted by Stephen Maturin
Sure you did. I know made-up bullshit about civil law when I see it, and your original contention that "[w]hen you sign the consent form you have no recourse to sue for damages" is made-up bullshit about civil law. So is your amended contention quoted above.  |
That isn't even the thread I started. You are diverting attention away from the cause. I will not let you high jack this thread like you did with the other.
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Originally Posted by peacegirl
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Originally Posted by Stephen Maturin
Second, there is no medical consent form anywhere by which the patient affirms that "I accept all potential risks." Such a form wouldn't be worth the paper it's printed on.
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So what is the patient accepting if not to agree that he will take responsibility for any unforeseen risks that occur not including negligence. |
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Originally Posted by Stephen Maturin
You're conflating consent forms, disclosures and exculpatory agreements.
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So explain it because you're losing ground if you haven't noticed.
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I'm not conflating anything. When a person tells a patient that there is nothing to worry about because the side effects are temporary, THAT IS SOMETHING TO WORRY ABOUT.
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Originally Posted by peacegirl
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Originally Posted by Stephen Maturin
Third, "clear negligence" isn't the test for anything.
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What are you talking about? |
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Originally Posted by Stephen Maturin
I'm talking about your laughably inaccurate contention that "it would be extremely difficult to win a case if you signed a form where you accepted the potential risks, as long as there was no clear negligence on the part of the surgeon." You simply made that up and launched it from your shitter as if you knew what you were talking about.
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So give me proof where I was wrong.
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Originally Posted by peacegirl
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Originally Posted by Stephen Maturin
Fourth, you're making all this up as you go along. I can't imagine who you think you're fooling. |
I'm not trying to fool anyone. |
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Originally Posted by Stephen Maturin
Good. Cuz if you were trying, you've failed.
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But that's hypothetical because I wasn't trying Maturin, so I haven't failed at all.
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Originally Posted by peacegirl
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Originally Posted by Stephen Maturin
Yes. If in fact they're knowingly misrepresenting the risks with intent to induce consent, they're not just failing to obtain informed consent but also committing the intentional tort of fraud. A lawyer has to be careful about how s/he pleads these things, though, since ya don't want to give the doctor's professional liability insurer a basis for denying coverage.
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Right, then the patient would be left with nothing. |
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Originally Posted by Stephen Maturin
Yep, that's right.
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That's why careful attention needs to be given to liability when someone is hurt badly by false promises.
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Originally Posted by peacegirl
And I believe misrepresenting the seriousness of the risks (which could be permanent) are being withheld.
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Originally Posted by Stephen Maturin
You might want to revisit that sentence.
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I believe misrepresenting the seriousness of the risks needs to be given special attention. Is that better? You are making light of the contract that should give all side effects that could occur that could jeopardize someone's quality of life. Why are you deflecting to this degree if you have so much more to say other than denigrating my wording?
