The Ramblings of a Somewhat Unstable Mind

Posts tagged ‘lawsuit’

Who Sues the Suer?

I’m not perfect; there was this time when I thought I was wrong, but it turned out that I was mistaken. To admit defeat and then to grasp it within the eyesight of victory is to admit to yourself that you are not wrong, you are merely mistaken. Yes, it takes a big man to admit defeat and a bigger man to accept victory, yet we keep going to the polls and voting. Why? Sometimes, having the best of the worst is better than having the worst of the best. But does this hold true for doctors too?

Vote or put up with the consequences!

Vote or put up with the consequences!

Double Quagmire?

Quagmire is a character on the satirical, comedic adult-themed animation “Family Guy”. He is the most crass, vile and sexist character on a TV show, shown on Sunday evenings, no less, that has such scenes as the town’s most Christian person end up in love with Satan. That’s not to say that Mahmoud Ahmadinejad ‘s relationship with Satan is in peril, because He can have as many concubines as he wants. However, Peter, the show’s main star, is dumber than Al Bundy (“Married… with Children”) and yet has the same things; a nice, big house, a car and the financial wherewithal to travel, stay at expensive resorts and buy all the new gadgets. And the extroverted pervert, Quagmire, is a pilot for an international airliner and can barely get by. Perer works at a toy factory on the assembly line, and Al Bundy was a women’s shoe salesman. Makes me wonder just how much money these low-payng jobs pay.

Al Bundy at work

Idiotic Bureaucracy?

I actually knew a guy, a friend of my mother’s son, who worked as a shoe salesman at a women’s shoe store. He made very little money, but he was able to draw a disability pension after just 6 months on the job, due to stress. Now, just how stressful of a job is selling women’s shoes? And just how idiotic is the bureaucracy that allows this? There was a woman in Ottawa who successfully sued a major shopping mall because she walked into a wall that wasn’t properly marked. In Toronto, a family successfully sued the school board because their kid’s school didn’t have a decent hockey program for their son, who, under proper guidance, could have been an NHL hockey star. He was playing in the house league, bottom of the barrel for talented hockey players at the time.

He shoots, his parents score!

He shoots, his parent's lawyers score!

I was misdiagnosed 3 times; a major back surgery resulted from a failed diagnosis of herniated discs (before MRIs became prevalent) in my lower back, a big “pimple” on my face (left cheek) that I was told to wash frequently and to stop picking at turned out to be a tumor, squeamish cell carcinoma (cancer of the connective tissue), which, while left to grow for 2 and 1/2 years, ate into my jaw, orbital bone and gums, saw the loss of my left nasal cavity and resulted in a 5 hour operation to clean up the zit and then 37 doses of radiation. I went into the hospital once complaining that my appendix was going, and was told by the female attending resident that if I wanted to have someone “do these kinds of things to my anus” that I should investigate my sexuality. I was in the OR 2 hours later, my appendix blowing up while I was waiting for my father to pick me up.

The winner is...

And the winner is... incompetance!

Now, you would think that any one of the misdiagnosis that I went through would have resulted in a lawsuit. You’d be very wrong if you thought that. In Canada, it takes about a 1/2 of a million dollars to successfully sue a doctor in court – they never settle out of court unless liability is flagrantly obvious and resulted in death or paralysis – and without that death or paralysis you won’t win more than 1/3rd of a million bucks. You win but you lose money in doing so. I was taken to a very good lawyer by my father on each occasion, only to be told that I would probably win the suit, but we would not win enough compensation to even cover the costs associated with suing a doctor in Canada, starting with the fees that specialists charge for court cases. If I were living in the USA when these “mistakes” happened I would be a multimillionaire right now.

The Moral of the Story?

Yes, dear reader, sometimes there really is a moral to my stories. If you are to become sick or disabled due to a doctors malpractice, make sure that you live in the USA when you happen to be misdiagnosed. Sometimes there really is a need for a good lawyer and to live in an overly litigious country. But we should still drop about 95% of the lawyers into the deepest abyss of the oceans. Considering that about 5-8 percent of the inmates in prison really were innocent, the lawyers who represented these unlucky souls need to be held accountable, and successfully sued, along with the State and Federal governments.

The scales of justice need calibrating.

Lawyers suing lawyers – now that’s a courtroom drama that I would watch on TV. I would just hate to be the one paying the legal bills for the court case. In an overly litigious country, people sue and get sued over the tiniest problems, which in most other countries wouldn’t even raise an eyebrow.

It’s time that the civil litigation legislation is overhauled, so that the little guys have a chance at suing the big insurance companies.

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Just what does the 10th Doctor Say…???

9 out of 10 doctors agree that Celebrex lessens the effects of arthritis on the human body.

9 out of 10 doctors agree that Lotomax is the best choice for lessening the effects of runny bowels in every day life.

9 out of 10 dentists agree that Crest is the best toothpaste for daily use.

9 out of 10 dentists agree that Colgate is the best toothpaste for daily use.

9 out of 10 dentists agree that Arm & Hammer is the best toothpaste for daily use.

All of these “studies” are true 19 times out of 20. What happens in that 20th poll is what I would like to see: it makes me wonder if that 20th poll had 10 doctors or dentists proclaiming that their patients should never use the medication, as it causes more problems than what it is supposed to cure or alleviate does.

Okay, I’m starting to see a pattern here – there’s a lot of doctors and dentists out there that are sell outs – they are making a lot of money, free golf clubs, memberships and trips from the pharmaceutical companies, toothpaste and oral hygiene companies and manufacturers. Name an ailment, a requirement or a medication and the consumer lobby will find 9 out of 10 doctors, dentists or pharmacists (professional may be portrayed by an amateur actor. 5% less anal leakage is only an approximation and is not a guarantee).

What exactly is it that that 10th doctor, dentist and pharmacist refuses to sell out over? It can’t be because there is only 3% less anal leakage with the new, improved prescription medications and not a full 5%, nor can it be that the 10th dentist doesn’t think that Crest is a good toothpaste for daily use. So, why the hold-outs becomes my first question, and question it I do. I question why they have to pay actors to represent doctors who only represent 90% of their profession, 19 times out of 20.

How many times have you been in to see your doctor or dentist and there was a pharmaceutical sales representative, with their big old box of drugs, standing with the receptionists making small talk? I’m guessing at least 9 out of 10 times, 19 times out of 20. My doctor has a storage closet where they store the freebies, the new and/or improved drugs that they want doctors to prescribe. So, please don’t complain when you take your prescription for Celebrex to the pharmacy, get home and then bury your head in the oven with the gas on. It says right on the commercial that suicide tendencies and increased thoughts of suicide are common side effects of the drug. What’s Celebrex prescribed for? If you guessed depression, give yourself a gold star! I’m guessing that 10th doctor just didn’t want to be part of that big multinational lawsuit from the families of the victims, i mean, patients that took the drug.

Funny thing, I’ve never heard of someone smoking a joint of pot and committing suicide (well, maybe not funny ha ha), and since pot is the best anti-depressant going around, I may just have a suggestion for people who may want to try Celebrex.

Go smoke a big fattie and chillax, dude!Skip out on the pharmaceuticals and step up to the new wave of people using naturally growing plants, weeds and shrubberies. Oh, and nuts. Gotta have (or,m be) nuts!

Aside

Why People Misunderstand You

What? Wait, no – I didn’t mean it that way!

It seems that no matter what you say, there will always be someone who takes offense. If you say “Merry Christmas” in a school or mall, you may be perceived to be a Holly Christian Terrorist, bent on destroying the fabric of the one-state, to want to destroy what so many have fought to make banal. Case in point: You walk into a store and the greeter says “Happy Holidays!”. You proceed to strangle the octogenarian to death, screaming and foaming at the mouth. That poor greeter, though, was just saying what the store told them to say or face being fired. The miscommunication here is when they are begging you to stop killing them, and you take offense, thinking that they were laughing at you because they think something you said was funny. You know, stop it, you’re killing me!

Is There Anyone Born Without Foot-In-Mouth Disease?

Dogs and other animals are born lacking a certain human defect. They can’t lie. They don’t mind if you bring another dog home with you, and they love it when you have other dog’s smells on you when you get home late at night.

But when what you say is meant as a compliment, and someone takes offense, what can you do? You can crawl under the nearest rock and hide, bury your head in the sand, much like my beloved Golden Retriever used to love to do quite frequently (and literally!). You can try to explain yourself to the person who took offense, but in doing so you may come off as begging, again, much like my beloved Golden Retriever used to do quite frequently. You need to find some common ground, and have people who know you well to tell the offended people “No, they’re not like that at all! They may be a little on the nutty side, but they mean well and would never insult someone they look up to.” – the sort of person I, myself, needed this morning. But you should never need someone to back you up when dealing with people you know, the real problem is when you say something to someone you respect, adore or just look up to who is a “friend” on a social networking site – someone you’ve never spoken to in person, and who has never had the luxury of getting to know you as you really are.

What Did I Say Wrong?

When someone takes what you said the wrong way, you can sound awfully whiny when you ask them what you said wrong. Now, this should never happen with people you know, love and have grown up with, but even the ones you love will take something you’ve said and turn it around on you. Whose fault is it?¬† It is usually nobody’s fault, unless one of the two involved have a persisting problem with the other, in which case anything said could be turned around and made into something it wasn’t, and was never meant to be.

What Should I Do?

Get your head out of the sand~

Get your head out of the sand, come up for air and fight for your right to be right, You can either claim that you had no intention on hurting the other`s feelings and then turn the tables on them and make it seem like they are at fault, or you can man up and take responsibility, offering apologies and saying how you never meant it to be taken that way.

When you have found out that someone has taken something you’ve said the wrong way, you should never air it out in public, as that gives others a reason to join one bandwagon or the other. Talk, email or chat online, but do it privately, with nobody else involved. Make sure to tell the person what you said, how it was meant¬† and who it was meant for. Don’t lie, don’t pull any punches. You remember the truths that you have said, you don’t remember the lies.

Just make sure that the person who you may have unknowingly and unwittingly insulted knows that you were really upset by the misunderstanding, and that you would never put them down like that, especially if it was done in public, or God forbid, on a public social networking site.

The Meaning of Life?

No, not really… just the meaning of this post. You have to be careful when typing responses on social networking sites, because once it is there for all to see, all might actually see it. A simple typo or a bad case of auto-correct gone bad and you have a new enema (there’s that danged auto-correct again! It should have been “enemy”…).

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