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08-11-2018, 23:42   #31
Grayson
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Originally Posted by SafeSurfer View Post
Did you read my post? I said I sympathize with those who suffered as a result of medical negligence or injury. However the amount of the claims is exaggerated because of excessive legal costs.

For example in the army deafness claims over a third of the money paid out was in legal fees, despite them being pretty much copy and paste cases. I think that is excessive.
Also many solicitors were found to have double charged on their fees, yet no action was ever taken.
Have you gone through the cases that caused all the expense and actually come to that conclusion? Because if not, you're just someone with no evidence and an axe to grind. You'll actually pick the worse cases, the cases that the state paid the most on and say that there's a problem with the legal profession rather than with what caused those people to make a claim in the first place. The fact that you focused on the legal fees and even referenced the girl on the Luas shows that you don't give a damn about the people who had to make malpractice claims.



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How do they get hired? Is there any probation? Why even need a court case?
It's not always court cases. Some are infront of the medical review panel (I can't remember what it's called).

All you have to do to be hired as a doctor is be a doctor. It doesn't mean they're all good. Most are and the Irish Medical Council take the bad ones seriously. It's the reason that they have these reviews and can remove a license to practice. Unfortunately they have to make a mistake for it to get that far.

It's not always bad doctors though. There's bad practice by good doctors. In the HIQA investigation into Savita's death they found over 20 points of failure. Some of those were just bad procedures that the staff followed. What made it worse was that the same situation had happened a few years beforehand in another hospital. The HSE brought in changes to prevent it happening again....in that hospital. They never implementation the changes elsewhere.

Then there's the state of the HSE. It's relatively good overall but there's a severe lack of funding in certain areas. A&E is the most obvious. Lack of staff & beds cause accidents.
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08-11-2018, 23:45   #32
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The sad thing is, there's an entire board (PIAB mentioned above) set up to apparently independently assess the financial need of "victims" in these cases.

The only sensible conclusion is that they're on commission or something.
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08-11-2018, 23:55   #33
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Originally Posted by Grayson View Post
Have you gone through the cases that caused all the expense and actually come to that conclusion? Because if not, you're just someone with no evidence and an axe to grind. You'll actually pick the worse cases, the cases that the state paid the most on and say that there's a problem with the legal profession rather than with what caused those people to make a claim in the first place. The fact that you focused on the legal fees and even referenced the girl on the Luas shows that you don't give a damn about the people who had to make malpractice claims.





It's not always court cases. Some are infront of the medical review panel (I can't remember what it's called).

All you have to do to be hired as a doctor is be a doctor. It doesn't mean they're all good. Most are and the Irish Medical Council take the bad ones seriously. It's the reason that they have these reviews and can remove a license to practice. Unfortunately they have to make a mistake for it to get that far.

It's not always bad doctors though. There's bad practice by good doctors. In the HIQA investigation into Savita's death they found over 20 points of failure. Some of those were just bad procedures that the staff followed. What made it worse was that the same situation had happened a few years beforehand in another hospital. The HSE brought in changes to prevent it happening again....in that hospital. They never implementation the changes elsewhere.

Then there's the state of the HSE. It's relatively good overall but there's a severe lack of funding in certain areas. A&E is the most obvious. Lack of staff & beds cause accidents.
Do you think it is reasonable for, for example an award given to a child, disabled through medical negligence at birth, to have up to one third of their award settlement retained by their legal team?
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09-11-2018, 07:05   #34
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You hear about the odd case and think we'll sometimes mistakes get made. Never imagined there could be thousands of cases in the pipeline.
You need to watch the news. Nearly every day now. A baby died as they "omitted" to connect the oxygen monitor during surgery. Another baby was left with half a dressing pack in his throat and nearly died weeks later.

A disabled man was blinded when they removed his shunt when it became infected and "omitted" to replace it.. It had been removing fluid when then built up and destroyed the optic nerve.

A man died as a local GP said the x ray was clear of pneumonia... died of pneumonia the day after.

The list is endless
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09-11-2018, 07:06   #35
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Do you think it is reasonable for, for example an award given to a child, disabled through medical negligence at birth, to have up to one third of their award settlement retained by their legal team?
Good legal care which is needed in medical cases, costs. A good barrister can ask E1000 an hour.
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09-11-2018, 07:07   #36
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Originally Posted by sdanseo View Post
The sad thing is, there's an entire board (PIAB mentioned above) set up to apparently independently assess the financial need of "victims" in these cases.

The only sensible conclusion is that they're on commission or something.


Not sure what you mean?
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09-11-2018, 07:12   #37
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I'm going through a very difficult health journey at the moment which on the outside looking in is major malpractice and negligence on several sides however from my point of view I'd rather keep my foot/leg/ability to walk than sue the ****e out of ignorant blaise doctors and a ****e health system.

What use is money if it costs you you're quality of life due to the system not willing or being able to listen to you, sometimes I think throwing money at these cases makes the wheel keep turning but when you are faced with a life altering situation that has to be done by the books then you are ****ed as it's their way or no way.
Much the same situation for me here. BUT you would be amazed the difference a challenge from a good barrister can achieve. The system can be made to listen to you. Often no need to sue. If there is a need then fine. You can buy better treatment then.
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09-11-2018, 09:22   #38
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How come every successful negligence claim is not accompanied by a prosecution of a medical professional?

If someone was negligent, why don't they face criminal consequences?

If they weren't negligent to a criminal extent, why then is the State liable for anything?
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09-11-2018, 09:30   #39
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To pay out half a million to a woman who admitted liability was significant.

It almost says "we were at fault for not protecting you from yourself."

She was a child when it happened.
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09-11-2018, 09:31   #40
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Do you think it is reasonable for, for example an award given to a child, disabled through medical negligence at birth, to have up to one third of their award settlement retained by their legal team?

Do you think legal people should work on cases for years for nothing?
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09-11-2018, 11:11   #41
Grayson
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Do you think it is reasonable for, for example an award given to a child, disabled through medical negligence at birth, to have up to one third of their award settlement retained by their legal team?
Like Graces said, if that's what they charge, then yes it is. Some lawyers work on contingency and wouldn't take a risky case otherwise. Some work on hourly billing. IF the family have to pay that to get justice then it's worth it. It's not the law that says a lawyer has to get 1/3 of the payment. The fees are paid in each case.
You can even have cases like Katie Hopkins where someone ends up losing and going bankrupt over their legal fees.

It seems that you're angry that people who want justice after a doctor has committed malpractice hire the best lawyers to try the case.
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09-11-2018, 11:18   #42
Grayson
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Originally Posted by Nermal View Post
How come every successful negligence claim is not accompanied by a prosecution of a medical professional?

If someone was negligent, why don't they face criminal consequences?

If they weren't negligent to a criminal extent, why then is the State liable for anything?
It's not always a criminal matter. And the burden of proof is different in civil cases. Take libel for example. You can sue someone for it but do you ever see people go to jail for it?
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09-11-2018, 11:26   #43
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[QUOTE=Grayson;108580308]Like Graces said, if that's what they charge, then yes it is. Some lawyers work on contingency and wouldn't take a risky case otherwise. Some work on hourly billing. IF the family have to pay that to get justice then it's worth it. It's not the law that says a lawyer has to get 1/3 of the payment. The fees are paid in each case.
You can even have cases like Katie Hopkins where someone ends up losing and going bankrupt over their legal fees.

It seems that you're angry that people who want justice after a doctor has committed malpractice hire the best lawyers to try the case.[/QUOTE[

And remember that the state eg HSE will employ top legal professionals to defend themselves..

Last edited by Graces7; 09-11-2018 at 11:41.
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09-11-2018, 11:38   #44
Graces7
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How come every successful negligence claim is not accompanied by a prosecution of a medical professional?

If someone was negligent, why don't they face criminal consequences?

If they weren't negligent to a criminal extent, why then is the State liable for anything?
Negligence is not a criminal act. Not like assault etc. If as in one terrible baby death

https://www.rte.ie/news/connacht/201...-baby-inquest/

There was no criminal intention. but culpable negligence

And this tragic case

https://www.thejournal.ie/parents-of...15096-Oct2018/

The verdict of "healthcare acquired infection"

In this case no legal action v HSE for compensation?
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09-11-2018, 11:43   #45
Graces7
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How come every successful negligence claim is not accompanied by a prosecution of a medical professional?

If someone was negligent, why don't they face criminal consequences?

If they weren't negligent to a criminal extent, why then is the State liable for anything?
The disciplining should come from within HSE and the Medical Council. ie sanctions , barring.

No idea how many/few of the doctors in these cases do get struck off?
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