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The New Coffee Room

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  3. Hey George - tell me about medical malpractice defenses

Hey George - tell me about medical malpractice defenses

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  • George KG Offline
    George KG Offline
    George K
    wrote on last edited by
    #3

    But to address your question a bit more specifically.

    If someone is diagnosed with A1A, the path for litigation involves proving that FAILURE to perform the appropriate studies caused harm.

    That's entirely possible - "You missed my cancer, and now I'm gonna die in 2 months." Failure to diagnose is a big deal - just look at breast cancer.

    But..."Yeah, I missed your cancer because getting XYZ test was not warranted because of your (lack of) symptoms. And, even if you HAD complained of symptoms, XYZ test is not in the standard of care."

    You've got a high bar there, IMO.

    It might be worth the effort, however. Do you have some legal representation on your foundation to offer more advice?

    "Now look here, you Baltic gas passer... " - Mik, 6/14/08

    The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

    jon-nycJ 1 Reply Last reply
    • George KG George K

      But to address your question a bit more specifically.

      If someone is diagnosed with A1A, the path for litigation involves proving that FAILURE to perform the appropriate studies caused harm.

      That's entirely possible - "You missed my cancer, and now I'm gonna die in 2 months." Failure to diagnose is a big deal - just look at breast cancer.

      But..."Yeah, I missed your cancer because getting XYZ test was not warranted because of your (lack of) symptoms. And, even if you HAD complained of symptoms, XYZ test is not in the standard of care."

      You've got a high bar there, IMO.

      It might be worth the effort, however. Do you have some legal representation on your foundation to offer more advice?

      jon-nycJ Offline
      jon-nycJ Offline
      jon-nyc
      wrote on last edited by
      #4

      @George-K We do, but he's not a medical malpractice guy.

      It would be easy enough for us to consult with a true expert though.

      If you don't take it, it can only good happen.

      1 Reply Last reply
      • George KG Offline
        George KG Offline
        George K
        wrote on last edited by
        #5

        Sadly, the guy who defended me in my trial (which I won, by the way) passed away and I don't have access for a "curbside consultation."

        What you're basically trying to do is establish a standard of care for COPD which includes A1A deficiency. Did I get that right?

        "Now look here, you Baltic gas passer... " - Mik, 6/14/08

        The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

        jon-nycJ 1 Reply Last reply
        • George KG George K

          Sadly, the guy who defended me in my trial (which I won, by the way) passed away and I don't have access for a "curbside consultation."

          What you're basically trying to do is establish a standard of care for COPD which includes A1A deficiency. Did I get that right?

          jon-nycJ Offline
          jon-nycJ Offline
          jon-nyc
          wrote on last edited by
          #6

          @George-K

          Well we’d like to get MDs to follow the “GOLD” standard for COPD care which says they should all be tested.

          Our traditional approach has been ‘education’ but we haven’t moved the needle that much.

          If you don't take it, it can only good happen.

          George KG 1 Reply Last reply
          • jon-nycJ Offline
            jon-nycJ Offline
            jon-nyc
            wrote on last edited by
            #7

            Get this - we've actually heard this in a focus group about 'why don't you test your COPD patients for AATD'....

            A guy said 'I've been seeing this patient for 15 years, if I test him now and he's positive, it'll make me look bad for not testing him earlier'.

            If you don't take it, it can only good happen.

            George KG 1 Reply Last reply
            • jon-nycJ jon-nyc

              @George-K

              Well we’d like to get MDs to follow the “GOLD” standard for COPD care which says they should all be tested.

              Our traditional approach has been ‘education’ but we haven’t moved the needle that much.

              George KG Offline
              George KG Offline
              George K
              wrote on last edited by
              #8

              @jon-nyc said in Hey George - tell me about medical malpractice defenses:

              follow the “GOLD” standard for COPD

              Care to 'splain that? Outside my wheelhouse, obviously.

              "Now look here, you Baltic gas passer... " - Mik, 6/14/08

              The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

              jon-nycJ 1 Reply Last reply
              • jon-nycJ jon-nyc

                Get this - we've actually heard this in a focus group about 'why don't you test your COPD patients for AATD'....

                A guy said 'I've been seeing this patient for 15 years, if I test him now and he's positive, it'll make me look bad for not testing him earlier'.

                George KG Offline
                George KG Offline
                George K
                wrote on last edited by George K
                #9

                @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                if I test him now and he's positive, it'll make me look bad

                What? He actually said that?

                ETA: That comment does sort of address my "community standard of care" statement.

                "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                jon-nycJ 1 Reply Last reply
                • George KG George K

                  @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                  follow the “GOLD” standard for COPD

                  Care to 'splain that? Outside my wheelhouse, obviously.

                  jon-nycJ Offline
                  jon-nycJ Offline
                  jon-nyc
                  wrote on last edited by
                  #10

                  @George-K said in Hey George - tell me about medical malpractice defenses:

                  @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                  follow the “GOLD” standard for COPD

                  Care to 'splain that? Outside my wheelhouse, obviously.

                  https://goldcopd.org/about-us/

                  If you don't take it, it can only good happen.

                  1 Reply Last reply
                  • George KG George K

                    @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                    if I test him now and he's positive, it'll make me look bad

                    What? He actually said that?

                    ETA: That comment does sort of address my "community standard of care" statement.

                    jon-nycJ Offline
                    jon-nycJ Offline
                    jon-nyc
                    wrote on last edited by
                    #11

                    @George-K said in Hey George - tell me about medical malpractice defenses:

                    @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                    if I test him now and he's positive, it'll make me look bad

                    What? He actually said that?

                    Yep. He said the quiet part out loud. I wonder how many guys are thinking it.

                    If you don't take it, it can only good happen.

                    George KG 1 Reply Last reply
                    • jon-nycJ jon-nyc

                      @George-K said in Hey George - tell me about medical malpractice defenses:

                      @jon-nyc said in Hey George - tell me about medical malpractice defenses:

                      if I test him now and he's positive, it'll make me look bad

                      What? He actually said that?

                      Yep. He said the quiet part out loud. I wonder how many guys are thinking it.

                      George KG Offline
                      George KG Offline
                      George K
                      wrote on last edited by
                      #12

                      @jon-nyc see my edit...

                      "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                      The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                      1 Reply Last reply
                      • MikM Offline
                        MikM Offline
                        Mik
                        wrote on last edited by
                        #13

                        If it became the standard after the fact that would seem to be adequate defense.

                        "You cannot subsidize irresponsibility and expect people to become more responsible." — Thomas Sowell

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