Send a Patient to a Surgeon, and she’ll get Surgery

When you’ve got a hammer, everything looks like a nail 

N.J. medical malpractice

Why are you running away?

I read a terrific post written by a physician about taking responsibility for one’s actions. The message is clear, and applies to lawyers as well as physicians:

As physicians, we need to take responsibility for our own actions. We should not prescribe or perform procedures unnecessarily. However, even if we are responsible for our own actions, not looking at our culture as part of the problem here would be a mistake.

America is an action-oriented, “do something” society. As members of this society, we tend to believe that we not only have the right to pursue happiness, but the right to happiness and good outcomes. When something isn’t right, we often turn to others to fix our life problems for us. The general assumption is that the answers lie outside of ourselves and that the remedy to life’s woes is available. The is very much a Western view and quite opposite the typical Eastern view of life.

Although well-intended, we doctors often give in to the pressure from patients, families, and nurses to “do something” even when offering emotional support and reassurance may be the best option.

Here’s what one doctor had to say in a comment to the post

Refraining from ordering unnecessary tests and medications is a tricky endeavor. Many times, the realization that an intervention is unnecessary is a matter of hindsight. Also, most patients demand action and medication to justify their large medical bills. Counseling and education are often forgotten, but a prescription or test result serves as a tangible reminder of your services. If one doesn’t provide it, patients will often doctor shop. I’m not saying it’s right, but it is the reality of our current system, and the blame cannot be placed solely on physicians. And don’t forget about defensive medicine, which is the other elephant in the room leading to unnecessary tests. The lawyers are always waiting in the wings…and I am not going to be a victim.

How do you conduct your law practice?

Do you take responsibility for your actions? Or, do you practice defensive law? Do you start suit or file a claim petition for the right reasons, or to get on record to preserve your fee?

How about you medical and dental malpractice lawyers. Do you meticulously investigate every potential case against a physician, or do you focus on the severity of the injury when deciding whether to take a case?

NJ car accident lawyer

Ssssh....I'm thinking

Commentary

Shame on any lawyer who takes a short cut when deciding to file a medical malpractice claim against a physician. It is irresponsible! Obtain a detailed history from your prospective client, and get the medical records, including any pertinent office records from the potential defendant.  Retain a reputable medical expert and insist on an honest, forthright analysis and opinion.

Bringing a claim against a professional can have serious implications to the professional. Make sure the case is warranted. Once you accept a case, you better be prepared to litigate it through trial. You must be a relentless advocate for your client. You are sure to come up against the best lawyers in our specialty, who will work hard to  “protect” and defend their physician client.

What do you think? Have any stories to share?

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community

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