A recent case that appeared before New York Supreme Court Justice Emily Jane Goodman demonstrates the true motive, method and means behind plaintiff attorneys and lawsuits.
For background; a patient, Victoria Kremen, had a double mastectomy after an alleged misdiagnosis of breast cancer. She hired a law firm to sue the physician, but the case was dismissed because the law firm she hired apparently missed the deadline for filing within the 2.5 year statute of limitations. Then the patient sued the law firm for malpractice, in that they missed the filing date.
Originally she was awarded judgment, but lost on appeal. In that ruling, the judge stated that she had not diligently pursued her own medical malpractice claim. So the suit against the law firm was dismissed. But wait, it gets better! The law firm then counter-sued the patient, asking for $6,000 in fees, amounts billable to the case that they lost. Justice Goodman heard the case. Her ruling includes “The following illustrates why members of the public may hold cynical views of the legal profession.” She went on to categorize the case against their former client as “nonsensical and frivolous”. Thank you, Justice Goodman.
Most people are aware that cases of this kind are generally pursued on a contingency basis. Lawyers know what that means better than anybody. They’re on the T.V. all day long promising that you won’t pay a penny unless they recover money for you (and then cite the exceptional 7 digit award case they won umpteen years ago.) So why would this law firm pursue their former client? Why would they waste the court’s time on something that obviously lacks merit?
The law firms say it’s not about the money. The patients say it’s not about the money. Yet that’s precisely what it’s about. When has anyone ever seen a patient suing a doctor for the cost of the office visit itself… or a public apology?
This case demonstrates clearly what it’s about. It’s about the money. For both of them. She couldn’t get it from the doctor, so she sued her lawyers. They couldn’t get it from the doctors, so they sued the patient. Now they plan to appeal Justice Goodman’s decision. If they should win their $6,000 case, they say they’ll give the money to charity. Yeah, right.
This story demonstrates why people have a dim view of the legal profession. It also demonstrates a rather ugly reality about those who sue. It IS about the money. It’s ALWAYS about the money.
The sharks are merciless. They don’t care who is right or wrong, so long as somebody pays them. Medical Justice exists to provide relentless protection against frivolous lawsuits, Internet Libel, unwarranted demands for refunds, and other similar threats – taking a proactive stance on behalf of their members. If you work in the medical field, make sure you’ve got someone covering your backside. Get Medical Justice today. Find out about the peace of mind that a Medical Justice membership can offer you and your practice.
Why shouldn’t the plaintiff be allowed to sue? Assuming there was any merit to the plaintiff’s time-barred claim that the doctor was at fault, did the doctor even bother to apologize or explain why the mistake was made? Did the doctor or the hospital pick up the tab for the double masectomy? If the allegations are true, the doctor failed to reasonably meet his profession’s standard of care, causing a person to undergo a painful and costly procedure. Why shouldn’t the plaintiff seek monetary compensation from the doctor/hospital? And when a law firm’s negligence causes a person to lose his or her entitlement to seek compensation from the party which caused the underlying harm, why shouldn’t the plaintiff be able to have the firm pay for what it caused her to lose?
I agree that the law firm’s behavior here is indefensible. But your shrill attack on plaintiffs who suffer from negligent medical treatment is unreasonable.