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JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

Abugadu posted:

Doctors get all kinds of preachy when you admit any sort of substance abuse to them, it gets annoying.

Edit: Though this may be because I go to the Seventh Day Adventist clinic, but jesus if I wanted to get bitched at I could save myself the copay and have my wife do it.

Next time, ask them about this to change the subject: http://en.wikipedia.org/wiki/Investigative_judgment

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nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Lykourgos posted:

okay, but don't PDs get government health care or something? we get total coverage for a few dollars a month.

Yeah, but he doesn't.

Ainsley McTree
Feb 19, 2004


At a glance, seventh-day adventism looks like seventh day autism

Ersatz
Sep 17, 2005

billion dollar bitch posted:

Okay I'm one and seven for callbacks/rejections. I don't think I've ever been more depressed. 20 interviews outstanding.
It's still early for DC. I managed four call-backs from OCI in 2008, but three of those weren't arranged until mid-September.

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.

Ersatz posted:

It's still early for DC. I managed four call-backs from OCI in 2008, but three of those weren't arranged until mid-September.

Do you have any idea on the turnaround for government callbacks in DC looks like?

Ersatz
Sep 17, 2005

JudicialRestraints posted:

Do you have any idea on the turnaround for government callbacks in DC looks like?
Unfortunately, no. The only government interview I had during law school was arranged through a professor so I don't know how the process regularly works.

Tetrix
Aug 24, 2002

JudicialRestraints posted:

Do you have any idea on the turnaround for government callbacks in DC looks like?

Our DC OCI isn't even until September 13.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Even when you're pretty straightforward with your doctor because you know exactly why your liver is poo poo, he'll still order a bunch of bullshit because that's how they roll. Would be nice to be like my clients when I get the bill and just say "I don't think you needed to do this. I'm not paying."

e: iPhone typing

Phil Moscowitz fucked around with this message at 13:41 on Aug 20, 2010

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I mean I know that's what insurance companies do to them but if one of my clients stiffs me on a $200 bill I don't put collection agencies on them.

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Phil Moscowitz posted:

Even when you're pretty straightforward with your doctor because you know exactly why your liver is poo poo, he'll still order a bunch of bullshit because that's how they roll. Would be nice to be like my clients when I get the bill and just say "I don't think you needed to do this. I'm not paying."

e: iPhone typing

The likelihood of getting hit with a medical malpractice suit for not responding in every possible way according to patient input, even if you supposedly know in your gut that the patient is a liar/scoundrel/idiot is a lot higher than the likelihood of getting hit with a legal malpractice suit for not researching and putting forth every single potential argument you could theoretically make.

Plus, inconsistencies in billing practice are seen by insurance companies as signals of potential fraud and they do lovely things like auditing medical bills from a 2-5 year period so they can find any possible excuse to get reimbursement from the doctor.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider
Insurance companies are the loving scum of the earth.

In a case, I had an excess liability carrier ready to throw down three million.

The loving underlying insurance company refused to hit their limits of $1m; they had only come with authorization to settle for $500,000.

loving sons of bitches.

Eric Cantonese
Dec 21, 2004

You should hear my accent.

CaptainScraps posted:

Insurance companies are the loving scum of the earth.

In a case, I had an excess liability carrier ready to throw down three million.

The loving underlying insurance company refused to hit their limits of $1m; they had only come with authorization to settle for $500,000.

loving sons of bitches.

Insurance-related litigation is the biggest trap on earth for an attorney. You get a steady stream of business, but the billing rates are low and your bills are put under enormous amounts of scrutiny. You also run into all kinds of unnecessary crap regarding hardline stancess you must take for routine discovery issues and where to get necessary information and documents from inside their Byzantine bureaucracies.

It's a bit of career killer too, but I don't want to get into that.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Phil Moscowitz posted:

Even when you're pretty straightforward with your doctor because you know exactly why your liver is poo poo, he'll still order a bunch of bullshit because that's how they roll. Would be nice to be like my clients when I get the bill and just say "I don't think you needed to do this. I'm not paying."

e: iPhone typing
Huh.

This didn't happen to me. He was like, "hey your liver enzymes are a bit hosed up, why don't you try taking a week off from drinking and get it re-tested."

Solomon Grundy
Feb 10, 2007

Born on a Monday

Phil Moscowitz posted:

Even when you're pretty straightforward with your doctor because you know exactly why your liver is poo poo, he'll still order a bunch of bullshit because that's how they roll. Would be nice to be like my clients when I get the bill and just say "I don't think you needed to do this. I'm not paying."

e: iPhone typing

Perhaps I overstated it. I'm not exactly lying to my doctor about drinking. I answer the questions truthfully, but don't exactly give the whole story.

Example -
Do you drink Alcohol? Yes.
How often? Oh, whenever I get the feeling, you know.... (I get that feeling a lot...)
How many drinks do you have when you drink? 2 -3 drinks. (Tumblers full of whiskey with no mixers....)

TyChan posted:

The likelihood of getting hit with a medical malpractice suit for not responding in every possible way according to patient input, even if you supposedly know in your gut that the patient is a liar/scoundrel/idiot is a lot higher than the likelihood of getting hit with a legal malpractice suit for not researching and putting forth every single potential argument you could theoretically make.


Bullshit. I have done plaintiff's med mal on and off for my whole career and we take less than 1 in 30 potential cases. Everyone else in this community is similarly as selective. Don't believe the hype.

CaptainScraps posted:

Insurance companies are the loving scum of the earth.

In a case, I had an excess liability carrier ready to throw down three million.

The loving underlying insurance company refused to hit their limits of $1m; they had only come with authorization to settle for $500,000.

loving sons of bitches.

So settle with the excess carrier, giving them credit for the full $1 million of underyling limits. Then maintain the action with the primary carrier.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

TyChan posted:

Insurance-related litigation is the biggest trap on earth for an attorney. You get a steady stream of business, but the billing rates are low and your bills are put under enormous amounts of scrutiny. You also run into all kinds of unnecessary crap regarding hardline stancess you must take for routine discovery issues and where to get necessary information and documents from inside their Byzantine bureaucracies.


The attorneys who do it don't appear to be the greatest attorneys ever, either.

Solomon Grundy posted:

So settle with the excess carrier, giving them credit for the full $1 million of underyling limits. Then maintain the action with the primary carrier.

That's what I thought but I'm just the clerk. :saddowns:

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Solomon Grundy posted:

Bullshit. I have done plaintiff's med mal on and off for my whole career and we take less than 1 in 30 potential cases. Everyone else in this community is similarly as selective. Don't believe the hype.

If something goes wrong, I don't think it's going to come across well to a jury or a judge when the doctor says "I didn't bother believing what the patient was saying to me because I know deep down inside, without any other proof than my gut, that the guy was an alcoholic."

Also, no potential client is going to go to your firm or another firm and say "hey, I'm an alcoholic, but I still want to sue my doctor for the liver problems he failed to convince me to prevent." What you're going to get is a case where the patient says, "well I told my doctor I wasn't drinking anymore, but he still failed to do all those tests you asked me about __ years later." That prospect looks a lot more attractive.

What lawyers have been told to do by lawyers and malpractice insurance companies for the past several decades is to be decently thorough in a standardized way so they can cover their rear end. That way, they can go "after he told me ______, I did the recommended steps and it still did not come up with anything." You don't get that cover by deciding you're King Solomon and you really, really know what is going on in the patient's head.

"The Community" might feel differently, but this is what doctors have to deal with all the time.

Plus, don't forget about the hack lawyers outside of the established community who are trying to suck up every case they can get in order to shake down any deep pocket they can find. More established lawyers like you might not do that because you do not have the motivation, but it happens.

CaptainScraps posted:

The attorneys who do it don't appear to be the greatest attorneys ever, either.

That's what you get when the client always chooses the lowest bidder.

If an insurer has the choice between a Yale law graduate with clerking experience and 10 years of solid litigation experience billing at $200 an hour and a TTT graduate with 5 years of shaky experience billing at $180, they will go for the guy billing at $180 every time.

Insurers figure that they will probably settle out of almost every case anyway, so unless the cheaper attorney is an imcompetent menace to the profession, they will just try to save as much money as possible. If nothing else, you can count on the opportunity and economic costs of continuing litigation on both opposing counsel and clients to drive them down to a more palatable demand.

Eric Cantonese fucked around with this message at 16:23 on Aug 20, 2010

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Boo hoo, I'm a poor surgeon who makes $400,000 a year and the only protection I have against malpractice suits is a ridiculously defensible standard of care, mandatory review procedures before any suit can be filed where other doctors decide if I met that standard of care, caps on damages...

Also, not defending insurance defense cause it sucks, but there are many excellent lawyers who handle that type of work because it's steady and honestly, not all that stressful.

Eric Cantonese
Dec 21, 2004

You should hear my accent.
I think you're unfairly characterizing the point I am trying to make, which is that doctors do not order tests solely out of a desire for more revenue. There is a lot of rear end-covering you need to do.

Depending on the specialty you are in, the only way to keep your malpractice insurance affordable is to do everything you can to avoid getting sued.

A lot of physicians have an annoyingly antagonistic attitudes towards attorneys, but attorneys who think that doctors are just rolling in their money bins like Scrooge McDuck are equally full of crap.

Phil Moscowitz posted:

Also, not defending insurance defense cause it sucks, but there are many excellent lawyers who handle that type of work because it's steady and honestly, not all that stressful.

I wish I could say the same about my insurance defense job.

Then again, I seem to have a knack for working on matters with histrionic opposing counsel and recalictrant clients using our cases as ammunition for office politics.

I've had Cravath and Simpson Thatcher attorneys tell me "your cases always sound like total shitshows."

Eric Cantonese fucked around with this message at 16:29 on Aug 20, 2010

Neon Belly
Feb 12, 2008

I need something stronger.

Why can't 1Ls just volunteer for a summer job?

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Gadamer posted:

Why can't 1Ls just volunteer for a summer job?

What do you mean?

Neon Belly
Feb 12, 2008

I need something stronger.

TyChan posted:

What do you mean?

As a 1L, you need experience. Is it difficult to find a place where you intern/volunteer?

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Gadamer posted:

As a 1L, you need experience. Is it difficult to find a place where you intern/volunteer?

Well, the challenge is to find a place where you can volunteer in a way that makes you ultimately more employable as a lawyer. There are all kinds of unpaid internships in the legal field, but since 1L summer jobs are generally unpaid, you're basically competing against the vast majority of 1Ls (and sometimes 2Ls) for those positions. It's like competing for a real job, but the prize isn't income.

Neon Belly
Feb 12, 2008

I need something stronger.

Neon Belly fucked around with this message at 22:50 on Aug 1, 2016

Roger_Mudd
Jul 18, 2003

Buglord

TyChan posted:

I think you're unfairly characterizing the point I am trying to make, which is that doctors do not order tests solely out of a desire for more revenue. There is a lot of rear end-covering you need to do.

Well in a world that's "fee for service" Docs sure do perform a lot of services.

Edit: NYTimes just did an article on the rise of unnecessary c-sections.

Roger_Mudd fucked around with this message at 17:08 on Aug 20, 2010

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Gadamer posted:

As a 1L, you need experience. Is it difficult to find a place where you intern/volunteer?

Yes. Hordes of 1Ls will throw themselves at and grovel for every position just to have experience.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Seeing the protections in place against malpractice plaintiffs, it seems to me that the "I'm just being careful" excuse is a secure cover for over testing.

And the comparison to legal matters is off because while most savvy businesses and even individuals can look at a proposed course of action in litigation and make an educated gamble whether to have their lawyer cover all bases, the same can't be said about medicine. Even very intelligent people can't understand medical procedures, and even if they could, when the risk is health-related you get all kinds of psychological factors that aren't present in strictly monetary decisions.

evilweasel
Aug 24, 2002

Phil Moscowitz posted:

Seeing the protections in place against malpractice plaintiffs, it seems to me that the "I'm just being careful" excuse is a secure cover for over testing.

Doctors aren't lawyers, so assuming they have detailed knowledge of the protections they have would be foolish.

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Roger_Mudd posted:

Well in a world that's "fee for service" Docs sure do perform a lot of services.

Edit: NYTimes just did an article on the rise of unnecessary c-sections.

Well, the American College of Obstetricians and Gynecologists OB-GYNS revised practice guidelines after recent studies showed that vaginal delivery after cesarian births was a healthier option than originally thought.

Also, the NY Times has a rather interesting point to make about the prior guidelines

quote:

Until the 1970s, the rule was “once a Caesarean, always a Caesarean,” largely because of worries about rupture. But medical opinion shifted, and an expert panel convened by the National Institutes of Health in 1980 found that vaginal birth after Caesarean was safe for many women.

In 1985, 6.6 percent of women with prior Caesareans were giving birth normally. By 1996, the rate had risen to 28 percent. But some uterine ruptures were reported, with lawsuits and enormous payments, and the rate began to drop.

In 1999, the obstetricians’ group issued guidelines that had a chilling impact. By 2006, the percentage of women with Caesareans who later had vaginal births had plummeted, to 8.5 percent from 24 percent in 1999.

So a specialty suffering from high rates of malpractice lawsuits and high prices for malpractice insurance got cagey due to potential legal costs arising from exactly what they were fearing when they were doing unnecessary Cesarians. Go figure.

evilweasel
Aug 24, 2002

Also the other thing you've got with medical malpractice cases is someone who had something terrible happen to them, and they're looking for someone to blame - they don't really want to believe they're crippled for life because, well, poo poo happens. They're very motivated but not overly rational patients, and it's why I think medical malpractice suits that go to trial split ~ 66/33 in favor of the defendant (the normal split is 50/50 because the lawyers settle cases that aren't tossups). A doctor doesn't just want to not lose a malpractice suit, they don't want to be sued to begin with. A lawsuit is a pain in the rear end and needless stress.

7StoryFall
Nov 16, 2003

Tetrix posted:

Our DC OCI isn't even until September 13.

That's because DC doesn't want us.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Gadamer posted:

As a 1L, you need experience. Is it difficult to find a place where you intern/volunteer?
A lot of people need to work harder at finding these positions.
My office is in commuting distance of, poo poo, like 6 law schools. Yet, we and the district attorney's office had free spots for 1L volunteers this summer that were not filled.
Seriously, apply to every city and county attorney's, district attorney, public defender within a 1.5 hr drive. Someone wants your slave labor.

Adar
Jul 27, 2001

nm posted:

A lot of people need to work harder at finding these positions.
My office is in commuting distance of, poo poo, like 6 law schools. Yet, we and the district attorney's office had free spots for 1L volunteers this summer that were not filled.
Seriously, apply to every city and county attorney's, district attorney, public defender within a 1.5 hr drive. Someone wants your slave labor.

Those are 1Ls. They think public interest is beneath them. The "OMG, this might not be as great as advertised" panic doesn't start until 3 months after the fact.

billion dollar bitch
Jul 20, 2005

To drink and fight.
To fuck all night.
Another mailed rejection today. Our list of allies grows thin.

Solomon Grundy
Feb 10, 2007

Born on a Monday

evilweasel posted:

Also the other thing you've got with medical malpractice cases is someone who had something terrible happen to them, and they're looking for someone to blame - they don't really want to believe they're crippled for life because, well, poo poo happens. They're very motivated but not overly rational patients, and it's why I think medical malpractice suits that go to trial split ~ 66/33 in favor of the defendant (the normal split is 50/50 because the lawyers settle cases that aren't tossups). A doctor doesn't just want to not lose a malpractice suit, they don't want to be sued to begin with. A lawsuit is a pain in the rear end and needless stress.

More like 80% - 20% in favor of the doctors. Med mal cases are so, so difficult to win. Insurers know it, and don't pay. The only time you get full settlement value is day of trial or mid-trial (or sometimes post trial, pre-verdict), after you have already spent all of the money for experts, etc. Despite Tychan's suggestion, at least in this area, there is no horde of starving lawyers ready to take meritless med mal cases. Nobody pays on those, and they are very expensive to bring. If you take a marginal med mal case, you'll just end up starvinger.

The perception of abusive med mal lawsuits is, by and large, a hoax. Doctors have lots of money and organization and the sympathy of the public, and have shaped public perception. Nobody is perfect, and every doctor is going to make mistakes. Every doctor is going to make dozens and dozens of mistakes over a career. And every doctor gets sued once or twice over a career (or seven or eight times if the doc is really bad).

Nobody wants to get sued. Nobody wants to be told they did a lovely job. So like everyone else who gets sued, the doctors get outraged when it happens. They bitch and bitch at cocktail parties, and to the AMA and other specialty organization, who bitch and bitch at politicians. They have the money and the power to bitch really loud.

The insurers use this bitching as cover to push politicians for tort reform, which, while nominally directed at "frivolous" cases, cut off insurers' liability for the most catastrophic and egregious cases. The insurers laugh all of the way to the bank, having collected years of premiums for risk they will never have to pay on. Do the insurance rates go down? Never.
http://www.protectconsumerjustice.org/insurance-companies-reap-benefits-of-medical-negligence-caps.html

And often, the "tort reform" measures have the opposite of the intended effect- requiring lawyers to sue more doctors than they want. For example, one of the tort reform provisions in my state allows a defendant to request the jury to allocate liability to any entity that the defendant blames at trial for the plaintiff's loss. If the jury allocates loss to an entity that has not been sued, that portion of the loss is uncollectable. So what does a rational lawyer do? Sue everyone. Otherwise, you are committing malpractice.

Various studies have estimated 100,000 - 225,000 deaths caused by medical errors per year nationwide. http://www.wrongdiagnosis.com/mistakes/common.htm If you think there are that many med mal lawsuits filed per year, you are nuts. The vast majority of potential medical malpractice cases never get pursued. http://www.medicalmalpractice.com/National-Medical-Malpractice-Facts.cfm

Don't believe the hype.

Torpor
Oct 20, 2008

.. and now for my next trick, I'll pretend to be a political commentator...

HONK HONK

billion dollar bitch posted:

Another mailed rejection today. Our list of allies grows thin.

Hey, be happy they cared enough to mail you a rejection, scum.

JudicialRestraints
Oct 26, 2007

Are you a LAWYER? Because I'll have you know I got GOOD GRADES in LAW SCHOOL last semester. Don't even try to argue THE LAW with me.
I got a job doing municipal defense for insurers at $15 an hour. My unpaid 1L job directly turned into it and I'm in a position to oppose the biglaw firms that turned me down for OCI.

I also get to file motions in my boxers.

gently caress yeah.

Tetrix
Aug 24, 2002

7StoryFall posted:

That's because DC doesn't want us.

gently caress that HERE I COME

Torpor
Oct 20, 2008

.. and now for my next trick, I'll pretend to be a political commentator...

HONK HONK
Hrmm, looks like I'll be out of the job relatively soon.

I just wish the OP had more information about the terrible jobs situation currently. Then I could print it off and hand it to my cohorts while I laugh and laugh as the tears roll silently down my cheek. I've been in the alcohol-laced abyss of perpetual unemployment before and I'm not exactly looking forward to returning.

For a few months, though, I felt like a real lawyer, a neophyte, scrubby lawyer to be sure but a lawyer nonetheless. Putting on a jury trial was probably the greatest thing ever. For a few weeks I thought of nothing but this trial as I gathered my witnesses, got all the questions lined up, and organized my exhibits. I successfully went through all the witnesses and got all of the evidence I needed admitted, in. No mistrial! I was so proud.

I lost.

Afterwards, I went through a decompression phase where I realized there was a world out there with things happening. It was better than any roller-coaster ride, drunk, or high in the world and I got paid to do it. Goddrat.

Will I die alone? Almost certainly.
Will I get another job? Doubtful.
:smith:

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
Gotta go with Solomon Grundy on this; my dad's practice includes plaintiff's med/mal and despite the huge number of actual malpractice incidents there are in his area, that particular practice area has basically dried up for him.

And yet, the doctors still bitch about malpractice insurance costs (as the roll out in their Ferrari off to their new $5 million house on Palm Beach Island.)

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J Miracle
Mar 25, 2010
It took 32 years, but I finally figured out push-ups!

JudicialRestraints posted:

I got a job doing municipal defense for insurers at $15 an hour. My unpaid 1L job directly turned into it and I'm in a position to oppose the biglaw firms that turned me down for OCI.

I also get to file motions in my boxers.

gently caress yeah.

Congratulations, expect a bittersweet sensation if you prevail over some firm lawyer on something...first the sweetness of victory, then the bitterness of realizing what he got paid to lose versus what you got paid to win.

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