4 ms·

>> vague forms hurridly shoved in front of me as I was being prepped and legally he as allowed to One of the many problems when the legal system has just becom

>> vague forms hurridly shoved in front of me as I was being prepped and legally he as allowed to One of the many problems when the legal system has just become "formalities" that only get used by the powerful against everybody else. Last time we had a baby the hospital was so prepared they were able to bill us for the entire pregnancy when we arrived for our first prenatal check-up. But somehow they couldn't show my wife the forms that waived her right to sue the hospital, her agreement to pay whatever they billed her regardless of correctness of timeliness until she was dilated to an 8.

pjc50 9y ago
> somehow they couldn't show my wife the forms that waived her right to sue the hospital, her agreement to pay whatever they billed her regardless of correctness of timeliness This really ought to be illegal. It's continually amazing how the US has seemingly no effective consumer rights organisations.
- _emacsomancer_ 9y ago
  That would erode rugged individualism though, right?
conanbatt 9y ago
> they billed her regardless of correctness of timeliness until she was dilated to an 8. This has to be contestable in court
- hestipod 9y ago
  I had faith in the legal system to a degree as well before my experiences started. The doctors have more expensive lawyers and theirs and the hospital's insurance and business lobbies have succeeded in getting legal conditions set in their favor. Low award caps making contingency unavailable to clients, short statutes of limitations etc. It's why surgery centers often cluster in certain counties etc. Those places have more amenable courts and juries. It's a LOT harder than people think from TV etc to win at a malpractice case. There are doctors who have negligently killed people still doing surgeries etc and in one case I read the hospital isn't legally allowed to inform patients of his censure and past.
- TallGuyShort 9y ago
  In my opinion it was, and I tried to get that far at which point they invested in doing it correctly just in time, such that they legally charged us correctly before state law required them to and thus our claims could no longer be tried in court. I might be tempted to fight them on it, but then I might give up when I get sent a letter from a lawyer referencing the contract with my wife's signature. Few people I think would then hire their own lawyer to fight the legality of a contract you did sign. It's all about getting people to just pay to make it go away without them trying very hard. And if someone wants to take it to court, okay we'll do it correctly. Same as plea deals: most people don't exercise their right to a jury because they choose between their constitutional right + exaggerated threats and just accepting a plea deal.
- cmiles74 9y ago
  I know of a doctor in my area who has nearly killed several patients. One of these patients I know personally and they confided to me that they looked and looked for a lawyer but couldn't find one who would take their case. I am sure being on a fixed income influences the types of lawyers one has access to and the distance that is affordable to travel. Nonetheless, I found the whole situation appalling. If patients are unable to sue physicians who are incompetent, these incompetent physicians will simply hurt more and more people.
kiliantics 9y ago
There hasn't really been a time when that wasn't the primary purpose of the legal system

pjc50 9y ago

> somehow they couldn't show my wife the forms that waived her right to sue the hospital, her agreement to pay whatever they billed her regardless of correctness of timeliness This really ought to be illegal. It's continually amazing how the US has seemingly no effective consumer rights organisations.

_emacsomancer_ 9y ago
That would erode rugged individualism though, right?

conanbatt 9y ago

> they billed her regardless of correctness of timeliness until she was dilated to an 8. This has to be contestable in court

hestipod 9y ago
I had faith in the legal system to a degree as well before my experiences started. The doctors have more expensive lawyers and theirs and the hospital's insurance and business lobbies have succeeded in getting legal conditions set in their favor. Low award caps making contingency unavailable to clients, short statutes of limitations etc. It's why surgery centers often cluster in certain counties etc. Those places have more amenable courts and juries. It's a LOT harder than people think from TV etc to win at a malpractice case. There are doctors who have negligently killed people still doing surgeries etc and in one case I read the hospital isn't legally allowed to inform patients of his censure and past.
TallGuyShort 9y ago
In my opinion it was, and I tried to get that far at which point they invested in doing it correctly just in time, such that they legally charged us correctly before state law required them to and thus our claims could no longer be tried in court. I might be tempted to fight them on it, but then I might give up when I get sent a letter from a lawyer referencing the contract with my wife's signature. Few people I think would then hire their own lawyer to fight the legality of a contract you did sign. It's all about getting people to just pay to make it go away without them trying very hard. And if someone wants to take it to court, okay we'll do it correctly. Same as plea deals: most people don't exercise their right to a jury because they choose between their constitutional right + exaggerated threats and just accepting a plea deal.
cmiles74 9y ago
I know of a doctor in my area who has nearly killed several patients. One of these patients I know personally and they confided to me that they looked and looked for a lawyer but couldn't find one who would take their case. I am sure being on a fixed income influences the types of lawyers one has access to and the distance that is affordable to travel. Nonetheless, I found the whole situation appalling. If patients are unable to sue physicians who are incompetent, these incompetent physicians will simply hurt more and more people.

kiliantics 9y ago

There hasn't really been a time when that wasn't the primary purpose of the legal system