EC:
It appears that as you were "passing through" West Virginia, the attributes and characteristics of that wonderful state, took.
I liked your concession on "bad doctors". I further liked your immediate follow up that "bad doctors" are caused in large part by lawyers. Wonderful trait to admit something then take it away in the same breath. Are you a member of the current administration in DC?
Your lack of any knowledge with reference to malpractice cases is apparent throughout your post. Initially, I am unaware of any plaintiffs malpractice case wherein the attorney is able to "bill their client". Every plaintiffs malpractice case I am aware of is taken on a contingency fee basis. Error # 1.
No lawyer (unless of course they graduated from WVU law school) would ever, I repeat, ever, take on a plaintiffs malpractice case unless they had a expert health care practicioner critical of the care provided by the potential defendant. Such criticism has to survive the standard of care tests in each respective case. Error #2.
I am unaware of any plaintiffs lawyer that would take on a plaintiffs medical malpractice case in the hopes of settling with the carrier. Malpractice carriers are notorious for trying all of these lawsuits. They rarely if ever, settle. A big reason for doing so is the great expense it is to try these cases, often out of the attorneys pocket.
I tell potential malpractice clients that it will cost at a very minimum $20,000.00 to bring their case to trial. I don't know about your legal buddies, but I can't afford to shell out 20 grand in the hopes that the carrier will settle the case on a claim that I know has no merit. Error #3.
You claim fear of legal action "... rules the practice of medicine today..." is also misplaced. Fear of not being paid by health insurance carriers is more likely the determining factor as to which tests and procedures to utilize in any given situation. The practice of medicine is ruled by the insurance industry not fear of litigation. Error #4.
My gp said it best. I practice medicine to the best of my ability. If some one calls me on the carpet, thats my defense. Guess what Spartaneer, he hasn't been sued cause he is a good doc and keeps up with the current standard of care for gp's. Not hard, buddy, just good practice.
Last point with reference to your not being impressed with my "witty banter". If you think I care about your uneducated, shoot-from-the-hip, opinions of my posts... well then thats Error #5. Quite a few errors in one post clown. You sound like a typical right-wing, medical field minion. If you are, tell me how much your malpractice premiums decrease since tort reform and caps have been implemented.
After a few years of continued increases in premiums as well as insurance company crap that the premium increases would have been larger but for tort reform, maybe someone even as obviously slow as you are might realize that the propoganda about lawyers and lawsuits was just a little diversion to cover up for poor investment decisions by your policital buddies the insurance lobby.
Ed