Sunday, August 17, 2008

Slimeball Lawyer

So I've been on a quest since early summer to convince a good friend and his girlfriend why they need to seriously start thinking about voting for Conservatives, and this year particularly, for Senator McCain. I am using what I think is the best tactic - I am focusing on their self-interest. My friends are Jewish and currently fourth year medical students. They've done well enough the past three years to have a serious shot at becoming surgeons. That means easy six-figures once they finish residency in three years. Knowing only this about them, it is clear they make up a demographic that really should not be voting Democrat. Currently, we find that Democrats appease anti-Semitic states and their tax policies target the "rich" (doctors definitely included). So why the heck would these two insist on voting for Hussein Obama? And I thought people voted for policies that benefit, not hurt.

Anyway, (I'm veering off topic here), we've been talking about John Edwards recently. And during one of these protracted discussions, I told him, to his surprise, how Edwards sued almost every single obstetrician in his county in North Carolina, which, in turn, forced most of the smaller OB/GYN clinics to eventually shut down. My friend did not believe me so apparently he went home, did a little research, and bless his heart, he emailed me today concluding that John Edwards is a douchbag. He found out that Edwards won the seminal case that erroneously tied cerebral palsy to malpractice by doctors. But as an aspiring doctor, he also was aware that the science behind that correlation (or causation) was junk. Well, of course, I couldn't stop there. I had to finish the job and connect Edwards to the entire Democratic party. Here's what I followed up with:

"I've heard the same thing - that the conventional wisdom establishing a correlation between obstetrician medical care during pregnancy and cerebral palsy in children is "junk science." To my knowledge, this correlation, much less causation, has been obliterated in the medical academia. Yet, as long as we have douchbag lawyers like Edwards (the trial bar is an extremely powerful lobby group for Democrats), the premiums will stay sky high. Edwards really set the national precedent of obstetrician liability for cerebral palsy in children. But this precedent was set based on people's emotions, not based on legitimate science. (Tugging the heart strings is the greatest most powerful weapon in a liberal's arsenal).

His first case set the precedent forcing insurers to raise premiums, which, in turn, forced the doctors to perform perhaps unnecessary C-sections. Correct me if I'm wrong, but OBs are so paranoid now and a "cover your ass" mentality is not quite conducive to maximum quality medical care.

And after Edwards won his first precedent-setting case in his hometown, he gained notoriety which enabled him to sue almost every OB in his county. Every Joe with a less-than-normal (not just cerebral palsy) child asked Edwards to sue their doctors. And since these lawyers work on a contingency fee basis, there are no up front costs for the plaintiffs. And usually, the mere threat of litigation is enough to compel the hospitals and physicians to settle. But when you go after the smaller clinics with smaller budgets, well, it gets to a point where the clinics just have to shut down.

Lastly, check out Edwards' voting record in Congress, especially the ones relating to malpractice reform. You will see that Republicans are the ones pressing for money caps on judgments while democrats like Edwards, when he was a Senator, fought tooth and nail against it. And you're about to vote for another lawyer, abeit with different vices. But be assured, Hussein Obama WILL pander to the trial lobby, and NONE of his policies toward the medical profession will be beneficial for doctors. Don't forget he'll take nearly 40% of your six figure income. You're Hussein Obama's biggest target."

I feel he's coming around.


Anonymous said...

Liberals greatest tactic is pulling at the heart strings, and clearly a conservative's greatest tactic is pulling at the purse strings. You're saying a party that cares about emotions over money is the one that's wrong in that scenario?

Additionally, how is it good for the average person to put a cap on damages? Doctors take an oath to help people, not to protect as much of their six figure salaries as possible.

Please note, I don't claim either side is "right," I just find your self-righteous name-calling ludicrous.

American Confucius said...

I think facilitating a vibrant capitalist economy with low taxes and less re-distribution of income is the most moral system of government in terms of liberty and freedom. We work hard, make money, and that should not be taken away from us by force. The federal government has only a few legitimate functions: national security (executive branch), domestic law enforcement and laws maintaining contract and private property (executive and legislative), and a court system to interpret our Constitution (judicial). Most of what our government does today should be left to private citizens and individual states to figure out.

You assume that medical malpractice occurs because doctors purposefully cause harm. That's simply an absurd assumption. Doctors make mistakes and PI lawyers exploit that for their 33.3% gain of the wins. I don't mind if the consequences ended there, but unforunately, this has caused insurance premiums to sky rocket forcing doctors to be risk-averse which obviously is detrimental to overall quality of health care. This isn't simply a platitude - it is the truth. Ask any doctor these days and you'll find they are much frustrated.

A job and making a living is one thing, but to enrich yourself by suing and shutting down OB/GYNs in your county is a pretty slimeball thing to do, in my opinion.

American Confucius said...

But again, thanks for your comment. It makes me think twice about what I wrote.

johnny said...

John Edwards is truly one of the lowest examples of a politician and a lawyer this country has. Even most democrats agree since he did not do to well in the primaries. He makes Barack Obama look moderate, and that is no easy task.