Malpractice

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  • เผยแพร่เมื่อ 5 มิ.ย. 2024
  • Malpractice #doctors #lawyer #personalinjuryattorney #court

ความคิดเห็น • 215

  • @cjmuril
    @cjmuril 29 วันที่ผ่านมา +2695

    Insurance companies are the only entities that are allowed to 'practice' medicine without a license.

    • @nicholaszikos3851
      @nicholaszikos3851 28 วันที่ผ่านมา +42

      What about congress and scotus?

    • @4364742
      @4364742 28 วันที่ผ่านมา +10

      Tl:dr your statement don’t make no sense to me, please clarify
      What is “‘practice’ without a medical license” supposed to mean here?
      If that’s “make a medical judgment on somebody else’s medical situation without being a doctor”, then you’re describing a lot more than just insurance companies. Governing bodies like Congress and the Supreme Court which need to make public health decisions? Yes. Personal injury firms like the one this short’s creator is a part of? Yes. Emergency services like fire departments, EMT’s, and 911 phone operators? Yes. Every boss who has ever decided to give an employee a free sick day because they don’t appear fit for work at that moment? Yes. Every non-doctor person who has to take care of a child, elderly family member, or other invalid? Yes.
      Having to ‘practice’ medicine is a natural consequence of the facts that (1) humans get sick/injured, (2) humans care for sick/injured people, and (3) not everybody can - nor should - become a doctor. Assuming you’re not suggesting that no non-doctor should *ever* ‘practice’ medicine without first going through medical school, residency, and all that; what *are* you trying to suggest?

    • @agentblackfyre5922
      @agentblackfyre5922 28 วันที่ผ่านมา

      ​@@nicholaszikos3851 touche

    • @mcs131313
      @mcs131313 28 วันที่ผ่านมา +18

      Eh politicians try a good amount too

    • @ilikechicken7346
      @ilikechicken7346 28 วันที่ผ่านมา

      @@4364742thats why medical insurance is inherently flawed. Even more so given the high turnaround time for cases and the urgency for immediate treatment after incidents. All the examples you provided is not the same as insurance. Governing bodies make general laws, not medical practice on any individuals. Non-doctors can have their judgements, but ultimately do not hold any power over the doctors. Insurance companies, given the otherwise unreasonably high medical bills, are the only entity that can deny a doctor's recommendations, because the patient often time does not have another way of paying.
      Medical coverages should not be making money or a business because even given an ambiguous case where the necessity of a treatment is uncertain, we should still lean towards losing money and possibly saving a person's life, rather than thinking from a business perspective. Public healthcare is the way to go.

  • @thod-thod
    @thod-thod 29 วันที่ผ่านมา +1755

    “Not with my firm”

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +265

      🫡

    • @GayKermit-._-.
      @GayKermit-._-. 26 วันที่ผ่านมา

      ​@@MikeRafiLawyerI use android, what emoji is that?

    • @MikeRafiLawyer
      @MikeRafiLawyer  26 วันที่ผ่านมา +79

      Salute

    • @SynixCS
      @SynixCS 26 วันที่ผ่านมา +34

      @@MikeRafiLawyerwhy did bro come back to say it again? 💀

    • @coltonkay9000
      @coltonkay9000 25 วันที่ผ่านมา +5

      ​@@SynixCSo7

  • @MollyCooper-pg6bd
    @MollyCooper-pg6bd 29 วันที่ผ่านมา +681

    “Not with my firm” 😏😏😏

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +78

      🫡

    • @MollyCooper-pg6bd
      @MollyCooper-pg6bd 28 วันที่ผ่านมา +20

      Thx for replying!!! I love ur channel so much and you make me smile every day 😁

  • @astro3054
    @astro3054 28 วันที่ผ่านมา +423

    Im not even really interested in doing anything related law, yet this man still gets me to watch his videos with close attention and keeps me interested through all of them

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +72

      Thanks. More to come!

    • @baylinkdashyt
      @baylinkdashyt 24 วันที่ผ่านมา +3

      Mike has excellent delivery, yeah.

    • @Erich614
      @Erich614 23 วันที่ผ่านมา +5

      That's why he does trials. He knows how to relay information accurately & charismatically. I practice in his jurisdiction (Georgia), he knows his shit. Or at least, calls out insurance's bullshit that ive also dealt with for years. Ive been screaming it to the clouds for years, and its not just health insurance, it's the whole industry. I'd hire him for a civil case if I was a Plaintiff. Even if he doesn't know the specific area of law, I'll do the research, and tell him you just deliver it. 😆

    • @jondra1693
      @jondra1693 5 วันที่ผ่านมา

      Same. He gets me hyped up about legal issues I’ve never even heard or thought of. It almost makes me wish I had a legal issue where I needed his representation. 😂

  • @kfishplayzzz2388
    @kfishplayzzz2388 29 วันที่ผ่านมา +445

    The scam insurance companies go hard 🔥

    • @jai-kk5uu
      @jai-kk5uu 28 วันที่ผ่านมา

      Sometimes doctors are wrong

    • @chillmemes5865
      @chillmemes5865 28 วันที่ผ่านมา +15

      @@jai-kk5uuThen why doesn’t the defense argue malpractice?

    • @peardude8979
      @peardude8979 28 วันที่ผ่านมา +5

      Scam insurance? Why did you say the same word twice?

    • @jai-kk5uu
      @jai-kk5uu 28 วันที่ผ่านมา

      @@chillmemes5865 not their job. All they have to prove is that the treatment or test was unnecessary. Whether the doctor was upchraging, incompetent or something else is not their issue

    • @KKlaryon
      @KKlaryon 26 วันที่ผ่านมา

      ​@@jai-kk5uu bros speaking straight nothing 📣📣📣 keep licking those boots man

  • @foodforthought247
    @foodforthought247 28 วันที่ผ่านมา +100

    Just watched a video by StyroPyro how he has an unknown illness and needed to get a scan if some sort. Not only did his insurance that he oays $10,000 a year for DENY him getting the scan, but after he fought it and eventually got the scan, he had to pay TWICE as much for the scan with insurance than it would have cost without it.
    I thank you and lawyers like you for fighting these horrendous, predatory companies.

    • @michaelscott33
      @michaelscott33 28 วันที่ผ่านมา +1

      Just pay the cash price…it’s your right.

    • @flyingturret208thecannon5
      @flyingturret208thecannon5 28 วันที่ผ่านมา +11

      @michaelscott33 then he should also have the right to not pay for insurance. Do you believe that he has that right under the ACA which charges him?

    • @danielle2451
      @danielle2451 18 วันที่ผ่านมา +4

      ​@@michaelscott33 I tried that once and was told I couldn't if I had insurance...

  • @kas7145
    @kas7145 28 วันที่ผ่านมา +48

    In 2002 a doctor told me to my face that I was "just a 15 year old girl who is making up pain for attention" and refused to keep seeing me. I'm permanently disabled now and really pissed my parents didn't sue

    • @flyingturret208thecannon5
      @flyingturret208thecannon5 28 วันที่ผ่านมา +1

      Did statute of limitations run out?

    • @Melanie16040
      @Melanie16040 21 วันที่ผ่านมา +2

      Generally you have at least 1-2 years to file a lawsuit after you turn 18.

    • @windowstaskmgr
      @windowstaskmgr 20 วันที่ผ่านมา +9

      I had a pediatrician who was convinced I had ocular migraines and was that at age 10 I was just "being dramatic" when I was having seizures despite having seizures as an infant.. took a long time to finally get a neurology referral and seizure medication, I went into remission shortly after starting meds so I probably had several seizures I wouldn't have if he wasn't an idiot

  • @levayv
    @levayv 28 วันที่ผ่านมา +23

    Doctor testifying angainst other doctor about malpractice is as rare as having mafia member testifiing in court.

  • @gwenturo9550
    @gwenturo9550 28 วันที่ผ่านมา +62

    It is legitimately criminal that some insurance companies will do just about everything they possibly can to avoid doing the one single thing we pay them to do.

  • @Mr.Buckshots
    @Mr.Buckshots 29 วันที่ผ่านมา +82

    Doctors will tend to protect other doctors, but the general idea of medical necessity denials baffles me.
    He’s a licensed physician is he not? They’re my primary care, they know my medical record, or they’re employed by a hospital, under mountains of standard operating procedures and oversight.
    Why is a doctor who doesn’t know me, has never seen me, hasn’t practiced in years determining if my procedure is medically necessary.

    • @Treblaine
      @Treblaine 28 วันที่ผ่านมา +8

      It's not that simple, surgeons know that there is inherent uncertainty of whether surgery will actually be necessary and often only by performing the surgery will show that.
      Like if a patient starts having seizures a few years after road traffic collision where they may have been concussed. Will a particular type of brain surgery actually prevent the seizures?
      If after the surgery the seizures not only continue but also get worse, then the surgery was unnecessary. The theorized cause of the seizures was disproven by the surgery failing to work as intended.
      Surgeons tell patients "this may not work, do you really want to try this treatment? Even if might do nothing?"
      "I'll go for it doc, even if there's a slim chance it's my only chance"
      But when the surgery doesn't have the intended effect then the surgery was unnecessary. They can say that only based on the results of the surgery despite the surgical affects being successful.
      The nature of necessity is difficult as you can't so easily gauge the value of taking a chance on a treatment which is uncertain because it's hard to tell what causes the symptoms.

    • @AnthonyDukesConsulting
      @AnthonyDukesConsulting 28 วันที่ผ่านมา +2

      @@TreblaineCana surgeon use a waiver to counter a suit in that “slim chance” case?

    • @Mr.Buckshots
      @Mr.Buckshots 28 วันที่ผ่านมา +12

      @@Treblaine that’s the issue though, if you have a CT because you’re suspecting a stroke but it turns out to be just a headache. IMO your insurance should still be forced to cover it.
      You’re a licensed medical professional. You should have the authority of what’s good for the patient. The non practicing ortho doc hired by the insurance shouldn’t have a say of what’s medically necessary, he’s not the one in the trauma room.
      If the insurance is suspecting fraudulent practices than they should be going after the doctor or the facility after the fact. They shouldn’t just get to say no and put it on the facility or patient to cover the expense. Same thing with networks, your insurance should work any instance it’s a licensed professional. Not just when they worked on a special contract discount.

    • @Treblaine
      @Treblaine 28 วันที่ผ่านมา +3

      ​@@AnthonyDukesConsulting you can't just sign away responsibility.
      A waiver is not a "get out of lawsuit free card", a waiver is establishing that you did in fact do what you're legally responsible to do, and generally that legal responsibility is "informed consent".
      Did you actually properly inform the patient or not? If you did and they consented to it, that is the only waiver that matters. One without the other is worthless.
      The distinction is a court in a lawsuit makes a decision based on facts learned as a result of surgery.
      But a decision to go ahead with surgery is made BEFORE the outcome of the surgery is known for certain.
      So it's possible a surgeon made the right decision with the information the surgeon had at the time.

    • @Treblaine
      @Treblaine 28 วันที่ผ่านมา

      ​@@Mr.Buckshots A CT scan is not treatment, it is a test. It is a necessary part of the differential diagnosis. Some test may be unnecessary because no matter what the result it won't change the treatment, like a cracked rib.
      In which case you should tell the hospital you're not paying for a test that their doctor said you should get that was worthless. Just tell them to void the bill for that test or have it settled in court.
      Your insurance for your health may cover elective speculative surgery, because you may think it's worth taking a risk to remove a mole that has a 10% chance of being malignant. It depends on your specific coverage.
      But when you're suing someone else you're held to the legal standard of causality, you are arguing in court, "the defendant's actions did cause X condition which made Y treatment a necessity".
      Certainly there are a lot of worthless treatments out there, especially where they're only implying a benefit but are careful to avoid ever actually saying it will cure or mitigate a specific medical ailment.
      Like they say "you'll feel better" well I'll feel better after watching a movie but it didn't cure specific back pain.
      Chiropracty is not fraud or malpractice, it's like getting a massage or spa treatment, they're careful not to make specific medical claims but just says it is what it is, and give it a go "if you think it helps, it's up to you".
      "You should have the authority of what’s good for the patient"
      No, a doctor has the authority to advise and administer what's good for the patient, but what is good is a balance of probabilities that the patient has the final call on or if the patient is incapacitated then whoever has delegated legal authority in a shared or total capacity.
      " non practicing ortho doc hired by the insurance shouldn’t have a say of what’s medically necessary, he’s not the one in the trauma room."
      He may have a better perspective on what's necessary because he is not in one single trauma room but is looking at treatments all over the world and seeing the outcomes of both those who were treated and untreated.
      Remember, if the hospital gave YOU an unnecessary treatment then the entity you should sue is the hospital!
      They can't say it is malpractice because that is telling a jury in another trial what their verdict should be when it's not the job of an expert witness to tell a jury what their verdict should be.
      It may very well be that it definitely was unnecessary yet not malpractice. Because they were careful to say it wasn't a treatment for the condition or they had good reason to think it would treat the condition but were mistaken through no culpable fault of their own.
      "If the insurance is suspecting fraudulent practice"
      It's not fraud.
      Fraud is when you KNOW it doesn't work or you should know it doesn't work.
      It's hard to account for things like the placebo effect and regression to the mean.
      People are going to heal after an injury, they may heal without surgery. You have things like Good Samaritan laws where you're protected from liability if you acted in good faith to help someone even if it doesn't help or even hurts them in some non-extreme way.

  • @HJW3
    @HJW3 29 วันที่ผ่านมา +64

    Then they should insure their client and go after the doctor who did the allegedly unnecessary procedure for their money back. This shouldn't be a difficult solve at all

    • @marsilies
      @marsilies 29 วันที่ผ่านมา +7

      They know it's way easier to just not pay than to pay and then try and claw back some of that payment. It's why their default is to not pay and hope the plaintiff settles for far less than what they're owed.

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +36

      … the point is that the treatment is legitimate. The patient / client followed the doctor’s orders and usually got better.
      The whole it was “over treatment and unnecessary” is nonsense.
      I wouldn’t sue by client’s treating doctor for my client, because the treating doc didn’t do anything wrong.

    • @michaelscott33
      @michaelscott33 28 วันที่ผ่านมา +9

      Exactly. He’s saying that if the hired gun for the insurance company is taking the stance that the treatment was “unnecessary” then it would technically qualify as malpractice in many cases, but yet the insurance company stops just short of making that accusation. They want to “justify” why they won’t pay, but won’t accuse the treating physician of malpractice because they know it’s not true.

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +5

      Amen

  • @andrewpayne7769
    @andrewpayne7769 27 วันที่ผ่านมา +3

    This is the problem, insurance companies want you to go to the doctor as little as possible to save money but lawyers want you to go as MUCH as possible, even if it’s not actually necessary so that it improves their case and they can make more money. Doctors are caught in the crossfire because if they deny treatment even if it’s not necessary they could be opening themselves up to litigation. Doctor often just do the treatments to cover themselves.

  • @caseyleirer9677
    @caseyleirer9677 28 วันที่ผ่านมา +2

    “That’s what we try to (error) to doctors”

  • @Iamamadlad
    @Iamamadlad 29 วันที่ผ่านมา +31

    Dude this man is insane

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +3

      No doubt

    • @Iamamadlad
      @Iamamadlad 28 วันที่ผ่านมา +4

      @@MikeRafiLawyer by far the best TH-cam talker person

    • @MikeRafiLawyer
      @MikeRafiLawyer  28 วันที่ผ่านมา +3

      Thanks

  • @Treblaine
    @Treblaine 28 วันที่ผ่านมา +4

    Here's an example of an "unnecessary surgery": rather than take a small sample of a mole and wait to see if it's dangerous they give the option for surgery to remove the mole and THEN do a very thorough biopsy of what's removed.
    But the biopsy reveals the mole is entirely benign and didn't need to be removed.
    The patient was informed that the surgery was LIKELY unnecessary but only by performing the surgery was it found that it wasn't necessary.
    This can happen for personal injury, the doctor can accurately say "It may be that this surgery won't benefit you at all because your diagnosis is unclear"
    "yes, I know the risks, but I'm willing to risk surgery that may be worthless"
    That is informed consent. That is not malpractice.

    • @paulh2981
      @paulh2981 28 วันที่ผ่านมา +3

      That's not how the term is normally used. Usually it's used to mean making up or grossly exaggerating a risk to make a patient think they need surgery they don't need. When I was on vacation, I had afib and was told by a cardiologist I needed a pacemaker. He wanted to put one in right then and tried to convince me not to leave without it. When I got home and saw my own cardiologist, he said it would have been ridiculous to get a pacemaker for someone in his 50s who has only had afib four times in eight years, and 3 of the 4 times it went away on its own without a cardioversion. A lot of surgeons are psychopaths, it's in the top ten careers for them (See Oxford psychologist Kevin Dutton's "The Wisdom of Psychopaths: What Saints, Spies, and Serial Killers Can Teach Us About Success" for the data on that) and it's much easier for a psychopath to abandon morality to make a little extra money, even if it means risking someone's life. That is not informed consent, it is malpractice.

    • @Treblaine
      @Treblaine 28 วันที่ผ่านมา +1

      @@paulh2981 It's also just a differing assessment of risk.
      The hard reality is that doctors advise on risk but the informed consent is more than just a rubber-stamp it is your vital part of the decision making.
      The surgery likely won't do nothing but will it do enough to be worth the risk? I don't think it is a clear cut matter of any treatment having a guaranteed effect with a guaranteed bad alternative without treatment.
      Everyone is looking to doctors for orders when all they can really do is advise.

  • @MenacingBanjo
    @MenacingBanjo 29 วันที่ผ่านมา +8

    The client should have gotten a second opinion 😉

    • @magicturtleult1481
      @magicturtleult1481 29 วันที่ผ่านมา +19

      Except then you're not covered with that second doctor since it was an unnecessary consultation. He's made a video about that one too.

    • @MenacingBanjo
      @MenacingBanjo 29 วันที่ผ่านมา +1

      @@magicturtleult1481 I know, the winky face was for the people like you who watch other Rafi videos.

    • @itismethatguy
      @itismethatguy 28 วันที่ผ่านมา

      ​@@magicturtleult1481yeah i think he was referring to that video

  • @jeremyglass4283
    @jeremyglass4283 28 วันที่ผ่านมา +4

    Well I think this also sheds light on the fact that not every case has a perpetrator, like legally we like to think that someone is always liable for the damages, but in reality, there are often circumstances where no one can truly be put at fault, and I’m not talking about acts of god, I’m talking about one person doing one thing that they would have no reason to believe would lead to any damages, and another person doing another thing that they would think to be harmless, but little did either of them know, those 2 things together created a problem. Neither person would reasonably expect that such actions would result the way they did because they circumstances were unusual and unique.

  • @mrautism.
    @mrautism. 28 วันที่ผ่านมา

    Honestly, I love these shorts, a nice look into a very niche, but a very important part of the US law system

  • @PtylerBeats
    @PtylerBeats 27 วันที่ผ่านมา

    This short really shows to me the difference between law firms. If you understand the strategies of your opposition, then you can plan around it.
    I imagine there are some law firms that may not have this level of knowledge about insurance lawyer, or even if they do, maybe don’t really have a plan of attack. Your point in conveying this contradiction to the jury seems like a big deal. You COULD simply argue the facts, but that’s not going to resonate with the jury. This video made me realize the art in understand people and knowing how something sounds to them when they hear it. I absolutely believe you when you say this stuff doesn’t work against your firm. The insight you have and the thought you’ve put into your strategies really shows.

  • @ShOiEs70
    @ShOiEs70 19 วันที่ผ่านมา

    I work in medical billing for workers compensation and I was excused from jury duty because I told them I had a bias against physicians advisors who they said would be testifying in the case.
    When they asked me why I said "i think every physician advisor has purchased their one way guaranteed ticket to hell for a quick buck" and I stand by that.

  • @joeyrusso47
    @joeyrusso47 28 วันที่ผ่านมา +2

    This short was 👍

  • @kenarbes
    @kenarbes 19 วันที่ผ่านมา

    I read the story of a doctor who worked for an insurance company to validate that such and so procedure was actually necessary. One case came across her desk of a disabled person who needed a device in order to communicate. She had to fight the insurance company to get it approved. After that case, she quit working for insurance companies. Insurance companies do not care about their customers' health and well-being. They just care about money and finding ways not to pay out claims.

  • @oa127
    @oa127 28 วันที่ผ่านมา +1

    I want to know how consistent malpractice (multiple botched surgeries leaving forceps or blood cloth inside the client) that is supposed to award 9 figures, but they are using NDA to keep them quiet while the Dr. still gets to keep their license. The verdict was years ago, still haven't paid a cent and there are still foreign objects inside the client. Care is no longer decided by doctors, it's overseen by lawyers.

  • @Opflame31
    @Opflame31 28 วันที่ผ่านมา +3

    is it me or what this guy sort of looks and sounds like daredevil if he wore a red tie and some red glasses boom perfect daredevil real life. lol

  • @marlenathorvald
    @marlenathorvald 28 วันที่ผ่านมา +1

    Because they are sayinf it was elective. The dr didnt commit malpractice they just did a procedure for them that wasnt mandatory they elected to do it

  • @thefaboo
    @thefaboo 25 วันที่ผ่านมา

    I don't know if I've learned much about law or lawyering from these shorts, but I *have* learned that if an insurance company says "no" I should definitely push harder.

  • @DeannaChristine
    @DeannaChristine 13 วันที่ผ่านมา

    Wish my lawyers pushed this harder in my case 😢

  • @Mr.Ford3350
    @Mr.Ford3350 23 วันที่ผ่านมา

    The most sensible explanation is because the insurance company's expert (also an accredited doctor) is hired to speak to whether treatment was medically necessary by reviewing the medical records and, often, examine the Plaintiff. That's it. For the expert to go as far as to whether another doctor committed malpractice would be overstepping, unless the excessive treatment is especially egregious.
    Say Plaintiff gets injured in a car accident and their doctor has the Plaintiff do physical therapy for 4 weeks, 3 times a week. Plaintiff feels a little better after those 12 visits, but the doctor thinks the Plaintiff's condition can still improve. The doctor orders more physical therapy, and after another 12 visits, the Plaintiff feels roughly the same after the 2nd trial of 12 visits. 24 physical therapy visits later, the Plaintiff's doctor should be consider whether the Plaintiff is at maximum medical improvement, but instead he orders 30 more visits. These visits yield no additional benefits for the Plaintiff, but cost an assload of money.
    The insurance company's expert is going to identify that the physical therapy treatment should have stopped after 24 visits. Not all doctors are fleecing their patients like this, but it certainly goes on with an alarming amount of frequency. Whether an insurance company's expert is going to call it malpractice, though, is up to the individual expert. Most are not going to make that call unless it is clear and obvious.

  • @tjmbv8680
    @tjmbv8680 24 วันที่ผ่านมา

    Holy shit mike from suits became a real lawyer.

  • @bobheart9470
    @bobheart9470 22 วันที่ผ่านมา

    Note for context: In many cases, the doctor was chosen by the personal injury lawyer, not the client. Many personal injury lawyers send their clients to their favorite doctors, who they know will run up the fees. Often, the doctors have a stake in the outcome of the personal injury case - either because the lawyer pays them directly, or because the doctor has agreed to defer payment until the end of the patient’s lawsuit.

  • @abcguy1
    @abcguy1 25 วันที่ผ่านมา

    I was a jour once in a case that involved a medial testimony. We all suspected that the treatment done was a friend referred by a friend. We still gave them the money. But not as much

  • @_Prestoniviege_
    @_Prestoniviege_ 4 วันที่ผ่านมา

    “Not with my firm 🥰”

  • @JedEyeNight
    @JedEyeNight 27 วันที่ผ่านมา +1

    As opposed to the scam where a plaintiff’s lawyer takes 40% of the injured person’s recovery…and calls it a “reasonable fee”

  • @somebody700
    @somebody700 28 วันที่ผ่านมา

    Their argument is: nobody did anything wrong but we're not going to pay anyway. And that argument can ne dismantled into: if nobody else is wrong, you're wrong for not paying.

  • @Devourer6594
    @Devourer6594 23 วันที่ผ่านมา

    It really sucks that these trained medical professionals that we are forced to rely on can screw up and not get in trouble, even if they ruined someone's life

  • @donk.johnson7346
    @donk.johnson7346 11 วันที่ผ่านมา

    My insurance company had spies inside those doctors offices and insurance companies.
    They knew that all the people in the car I rear-ended in a Swoop and Stop, were in a gang of crooks who were making money off accidents. They had all been in other accidents just months before. There had been no damage to their car. No photos had been taken, no police report made even though a cop had been there. 364 days later I was sued. They had photos of their car with a massive round dent in the trunk, like it had been backed into a metal pole. The car was reported stolen after and could not be seen.
    I won the case.

  • @adaml2932
    @adaml2932 28 วันที่ผ่านมา

    There's carelessness & than theres negligence. There's speeding & than there is driving to endanger.

  • @jos_meid
    @jos_meid 28 วันที่ผ่านมา

    Different doctors can come to different conclusions about what a patient needs without being in violation of the standard of care. Doctors can make bad decisions without breaching the standard of care.

  • @Urielthalas
    @Urielthalas 16 วันที่ผ่านมา

    Anyone who trusts the word of a doctor because they're a doctor deserves to be parted from their money.

  • @Avariel
    @Avariel 20 วันที่ผ่านมา

    Surely you can't apply knowledge in hindsight in court?
    Ex: If a client was in a car crash and came in with severe leg pain so the doctor orders an X-ray which doesn't reveal any fractures or breaks.
    The x-ray in hindsight wasn't NEEDED but it's completion allowed diagnoses to be ruled out.

  • @MrJdubcarter
    @MrJdubcarter 29 วันที่ผ่านมา +4

    So, no treating physician ever over-treated a patient to make money?

    • @suoh6431
      @suoh6431 28 วันที่ผ่านมา +7

      No one said that. The point he's making is that the insurance companies never blame the doctor, whether it's needed treatment or not. They always go for the client who is just following the recommendations of the doctor, you know, the guy with a medical License and knows their medical history.

    • @Treblaine
      @Treblaine 28 วันที่ผ่านมา +4

      Also, you often don't know it is overtreatment until after you've given the treatment and the treatment doesn't work.
      There's far more liability in malpractice for undertreatment than overtreatment.
      When doctors explain the risk to patients "so do you want to risk doing nothing or risk doing something" a lot worry about doing nothing.

    • @MrJdubcarter
      @MrJdubcarter 28 วันที่ผ่านมา

      ​@@suoh6431 I'm doubtful any medical doctor engaged as an expert by any insurance carrier has "blamed the patient" for following their treating doctor's prescriptions. I would love to see the transcripts where that has actually occurred. Further, the assertion that the patient was given excessive or unnecessary treatment is not the same as alleging malpractice. Perhaps it is, perhaps it isn't. It requires an assessment against standards of care. However, the patient would have to sue the treating physician for medical malpractice, which is an entirely separate legal pursuit. For a doctor to get on the witness stand in a personal injury suit and claim that the treating physician committed malpractice could lead to separate litigation against the doctor making the allegation.

    • @valariecasteel8041
      @valariecasteel8041 28 วันที่ผ่านมา +1

      "I like pancakes"
      "OH, SO YOU HATE WAFFLES HMMM"

  • @CantForgetNow
    @CantForgetNow 17 วันที่ผ่านมา

    Malpractice covers only harm done to the patient by doctors. Overtesting and running unnecessary tests isn't harmful, and some nervous patients may request those. That is something that shouldn't be covered by insurance. If they were, everyone's premiums go up.

  • @bormz7191
    @bormz7191 26 วันที่ผ่านมา

    In fairness, it can be clear in hindsight a treatment wasn't necessary, when at the time the evidence pointed towards needing the treatment and the doctor was following his training.

  • @kpepperl319
    @kpepperl319 21 วันที่ผ่านมา

    My husband's hand surgeon wrote on his report that my husband's hand was 100% recovered... In reality, he has weakness and pain. 🤬

  • @markrowland1366
    @markrowland1366 28 วันที่ผ่านมา

    The insurance in my case, sent me yo a specialist who borrowed an office. It was not clean and had no certificates hanging. He asked for things I Was not asked to provide. He was a joke. When the physio therapist found that insurance would pay, the condition might require several years. I am competent at sports injury massage.

  • @arandombard1197
    @arandombard1197 20 วันที่ผ่านมา

    Remember boys and girls, if you're ever called for jury duty, always side with the little guy against large corporations 100% of the time. It's your moral obligation. Fuck the facts.

  • @adaml2932
    @adaml2932 28 วันที่ผ่านมา

    Malpractice is a hard line to prove.

  • @BIGFRANKOL75
    @BIGFRANKOL75 18 วันที่ผ่านมา

    How many times do people go to the doctor and have elective procedures that the doctor says they didn't need?
    All the time!!

  • @sckanersfofolle
    @sckanersfofolle 28 วันที่ผ่านมา

    Once a doctor tried to give my grandpa a heart procedure that, when you knew his medical history, was not only useless but also harmful. The doctor tried to make him sign on a corner in a "we need you signature" kinda way. My grandpa called my grandma to get her opinion, who in turn called my mom who studied medicine for 6 years before dropping out : she knows her stuff. The doctor tried the "your father is going to die" to which I'd say, the man was like 83, of course he was going to die at some point: either by his brain that was somehow working perfectly despite having glaring issues, his heart that was malformed or maybe his type 2 diabetes...Also, said he had the okay from the cardiologist but when called, he had no idea what that was about and said it was a stupid idea and to not get the procedure.
    This son of a B clearly saw an old man he could get surgery experience on... My grandparents' neighbour ended up getting said surgery (same hospital so probably same doctor) and had a slow and painful death in the hospital (WW2 veteran with all the physical issues that go with it, so another can of worms).

  • @mckayblazian9224
    @mckayblazian9224 28 วันที่ผ่านมา

    Can you give an example?

  • @Jedi_Vigilante
    @Jedi_Vigilante 20 วันที่ผ่านมา

    Of course they don't want to imply malpractice!
    Then they just have to pay out for the malpractice insurance claim taken against the doctor...

  • @meepthewizard1240
    @meepthewizard1240 28 วันที่ผ่านมา

    Not with my firm 🗣️🔥🔥🔥🔥🔥🔥

  • @justsomeguy6730
    @justsomeguy6730 28 วันที่ผ่านมา

    Can you do something about suing Nurse practitioners vs physicians for med mal?
    With NPs working independently with a fraction of the training, it seems like an easy payday for med mal lawyers.
    Also, going after hospitals that replace physicians with NPs to save on salary costs.
    Patients have no idea

  • @Justgoodvids
    @Justgoodvids 14 วันที่ผ่านมา

    The doctors who work for these companies often have issues with their license

  • @LordOfEssex
    @LordOfEssex 5 วันที่ผ่านมา

    All of lovecrafts greatest horrors pale in comparison to the us healthcare system and the insurance companies that leech off it

  • @frantisekvrana3902
    @frantisekvrana3902 21 วันที่ผ่านมา

    I imagine this exchange:
    Medical "expert": That treatment wasn't necessary.
    Lawyer: My client followed the doctor's orders. Are you accusing the doctor of malpractice?
    ME: Yes.
    Judge: Well, then this must be deferred to criminal court.
    When the criminal court discovers it was not malpractice and the "expert" was making things up, the insurance company has to pay to the client, the fee of the medical "expert", and the civil court fee.
    But it is a few years later and the insured amount is not adjusted by inflation.
    The medical expert has to pay damages to the doctor (false accusation), and is imprisoned for perjury.

    • @MikeRafiLawyer
      @MikeRafiLawyer  21 วันที่ผ่านมา +1

      Ok a lot to unpack here.
      If the expert said the doctor commitment malpractice, the case would not move to criminal court.
      Malpractice is not a criminal charge.
      The doctor who would theoretically be accused of malpractice in this example, is not a party. There is nothing to go to criminal court about. A civil court doesn’t defer or transfer to criminal court.
      That’s the gist.

  • @bradleymayberry9060
    @bradleymayberry9060 19 วันที่ผ่านมา

    The treatment sometimes is just a wallet biopsy. That's something the insurance company shouldn't pay for.

  • @rickhoward6780
    @rickhoward6780 22 วันที่ผ่านมา +1

    Are you saying two professionals cant have a differing opinion without one of them breaking the law? So if you lost even one case are you guilty of purgry?

    • @rickhoward6780
      @rickhoward6780 22 วันที่ผ่านมา

      Love your videos btw thus two comments to promote them

  • @benadams5557
    @benadams5557 28 วันที่ผ่านมา

    Just ask the doctor on the stand if he will testify in the malpractice lawsuite

  • @jaxplata3882
    @jaxplata3882 28 วันที่ผ่านมา

    Most of the doctors we go to after an accident refer people to their own attorneys ,,, so insurance have their doctors and doctors got their attorneys simple as that it’s all about making money

  • @SuiLagadema
    @SuiLagadema 28 วันที่ผ่านมา +1

    Doctor 1: I'll prescribe acetaminophen and ibuprofen
    Doctor 2: I'll prescribe acetaminophen and ketoprofen
    End Result: Both treatments work! It depends on their view and experience with medications
    Insurance Company: "That's not how you treat a bruise according to Mayo Clinic Online".

  • @jamiesonbare9201
    @jamiesonbare9201 15 วันที่ผ่านมา

    What he seems to avoid mentioning is that there is something that lawyers engage in called "attorney driven care" and lien based medical treatment that is highly questionable.

  • @PlasmaGameplay986
    @PlasmaGameplay986 22 วันที่ผ่านมา

    doctors are the one field where a professional can give you advice but they’re not liable if you follow it because it’s your choice. Yet in insurance and law you need to tip toe around your words because if they misunderstand you and do something the courts will argue that you advised them. I think it’s corrupt and needs to be fixed doctors need to be held accountable if they advise someone to do something. It is not the same as presenting facts and giving someone a choice

  • @Da__goat
    @Da__goat 15 วันที่ผ่านมา

    That’s there to protect doctors. If a doctor commits to the record they believe someone else committed malpractice, that’s at best an opinion. In addition, it will be used in all future cases of a similar variety because of legal precedence. The patients doctor best knows the patient. Other doctors may only say what they would do. Come on my guy you went to law school

  • @caerdwyn7467
    @caerdwyn7467 27 วันที่ผ่านมา

    Ahhh, but what about when an insurance company has a hired-gun "doctor" who, just because the insurer doesn't feel like paying, denies treatment/tests that would have prevented loss?
    Looking at YOU, United Health Care...

  • @zaydamurdaman9472
    @zaydamurdaman9472 22 วันที่ผ่านมา

    Has anyone said he looks suspiciously like Matt Murdock

  • @SecretRabbit93
    @SecretRabbit93 27 วันที่ผ่านมา

    You can say youre not blaming the client for it but that doesn't make it the defendants responsibility to pay for it just because the others persons doctor said to do it.

  • @durdenswrath
    @durdenswrath 21 วันที่ผ่านมา

    So, do you ever cross those doctors asking them how they can make thise judgement without seeing the client?

  • @mutantraniE
    @mutantraniE 15 วันที่ผ่านมา

    I would never, ever vote in favor of an insurance company if I somehow ended up on a jury. I wouldn’t tell anyone that so I wouldn’t get kicked off the jury by the lawyers, but I would absolutely never vote their way even if it was clearly a scam case and the company was on the right. Fuck ‘em.

  • @Rezin_8
    @Rezin_8 25 วันที่ผ่านมา

    😂😂❤ I have a video of my chiropractor after 90 days of "treatment" telling me "i normally dont treat these kinds of injury and from this point on; we shouldnt continue treatment" 😂 4k video 😂

  • @mccaine1
    @mccaine1 21 วันที่ผ่านมา

    Can you pin them down by asking if the treatment is inconsistent with the standard of care, and how?

  • @kathysheridan9234
    @kathysheridan9234 24 วันที่ผ่านมา

    I hate insurance companies.

  • @nickerickson7324
    @nickerickson7324 23 วันที่ผ่านมา

    How eager would you be to testify against another lawyer in a malpractice case? How about when you can just testify about standard of care and leave the breach argument to the plaintiff's counsel? I wouldn't call that "propaganda."

  • @akakate6164
    @akakate6164 28 วันที่ผ่านมา

    Did you see the video of the police officer pulling over a paramedic in an ambulance for speeding? What do you think of that from a legal standpoint?

  • @TheLordVyper
    @TheLordVyper 17 วันที่ผ่านมา

    I’m recording all things always.

  • @caleighknight6125
    @caleighknight6125 27 วันที่ผ่านมา

    This seems an awful like when suing a cop

  • @baylinkdashyt
    @baylinkdashyt 24 วันที่ผ่านมา

    "Malpractice" is a *legal* construct, outside the scope of a medical practitioner to judge, is it not?

  • @quasnof
    @quasnof 11 วันที่ผ่านมา

    Did the doctor suggest the treatment? yes.
    Was suggesting that treatment malpractice? no.
    Are you telling me, that the treatment, that the doctor suggestet, was unnecessery, but it was still correct for the doctor to suggest the treatment? Well...

  • @suspendeddisbelief786
    @suspendeddisbelief786 29 วันที่ผ่านมา +2

    😂 👍👏

  • @abelardoruiz5544
    @abelardoruiz5544 21 วันที่ผ่านมา

    Providing unnecessary treatment is malpractice......

  • @lemmonsinmyeyes
    @lemmonsinmyeyes 28 วันที่ผ่านมา

    Do you think that there should be a greater number of people that should be learning about laws? Like, is there some kind of course a person could take that would give them a fighting chance for the rest of their life. Maybe not the point of a MBE. Kinda like learning how to handle power tools before taking on your first project, so you do not hurt yourself.

    • @s1eepysnai1
      @s1eepysnai1 27 วันที่ผ่านมา

      u could probably check out law school prep courses or something! check out zero-l ($200) or jd advising (free). not sure if thats what ur looking for tho!

  • @pfc_church
    @pfc_church 25 วันที่ผ่านมา

    Am I missing something? The argument from the insurance company is essentially we are not responsible. That leaves two other options you or the hospital.
    They seem to be arguing that you sued the wrong entity?

    • @ryanburns3921
      @ryanburns3921 14 วันที่ผ่านมา

      Sort of. The insurance company is trying to get out of paying for a treatment that would be covered if it was deemed "necessary." The patient's doctor thought it was necessary. The insurance company's doctor is paid a lot of money to testify that the treatment was unnecessary. But that doctor will also be very careful not to agree that it was malpractice. Removing fault from either doctor and placing sole responsibility on the patient for following their doctor's recommendation. That way, the patient has to pay for the treatment instead of insurance.

  • @MrFallingfromgrace
    @MrFallingfromgrace 28 วันที่ผ่านมา

    What would be your thoughts on government run insurance rather than private companies?

    • @AmansLab
      @AmansLab 28 วันที่ผ่านมา +2

      i give you one better have a better health care

  • @valenciafantv
    @valenciafantv 29 วันที่ผ่านมา +10

    What we’re saying is that the injury wasn’t related to the accident. Not that there’s no injury

    • @ethanmartin4366
      @ethanmartin4366 29 วันที่ผ่านมา

      I hate you.

    • @khrishp
      @khrishp 29 วันที่ผ่านมา +15

      Classic misdirect for what was stated in the video. You must be a lawyer for some scummy insurance company. So why isn't it malpractice for a doctor to recommend treatment for an accident that's unrelated to the accident?

    • @valenciafantv
      @valenciafantv 29 วันที่ผ่านมา

      @@khrishp there was likely some intervening cause like a fall at home or a second accident

    • @carljones9640
      @carljones9640 28 วันที่ผ่านมา

      @@valenciafantv "likely" is a very fun word to play around with, isn't it? It's super convenient to rely on the misdirection that a non-zero chance means anything could have happened, right? What an actual scumbag.

  • @AnderBRO2
    @AnderBRO2 18 วันที่ผ่านมา

    My dna has been stolen at a doctors office.
    Parthenogenesis

  • @themikead99
    @themikead99 16 วันที่ผ่านมา

    I suspect I know exactly what kind of lawsuits you are referring to and I hate that I know that. Insurance companies are evil and should not exist in a private manner.

  • @judychurley6623
    @judychurley6623 28 วันที่ผ่านมา

    Malpractice is a legal term not a medical term ?

  • @joejitsuway960
    @joejitsuway960 26 วันที่ผ่านมา

    I don't find that to be a thin line at all. In fact, I think the line between "overly precautionary" and "malpractice" is a giant chasm. All of society wants doctors who practice conservatively. That's going to mean recommending treatment that is overly precautionary a large chunk of the time and not hitting them with malpractice accusations. Acting like all unnecessary treatment is malpractice is just silly.

  • @raulomccomono
    @raulomccomono 28 วันที่ผ่านมา

    Literally capitalism at its finest 👌

  • @Arkinano
    @Arkinano 24 วันที่ผ่านมา

    Carter DONT do the thug shake (I’m desperate for a pc)

  • @hattielankford4775
    @hattielankford4775 18 วันที่ผ่านมา

    How is that permissible?

  • @DSMadara
    @DSMadara 28 วันที่ผ่านมา

    It's not bs. Doctors work for insurance companys not you

  • @reviewdtime
    @reviewdtime 18 วันที่ผ่านมา

    why don't CDC WMD WHO establish an LLM AI Based bodies to up root these disputes. instead of hired and paid mouth pieces of doctors by INSU companies.

  • @airbots4789
    @airbots4789 28 วันที่ผ่านมา

    İ still love if "it wasnt necessary, but it wasnt malpractice"
    Then what the fuck was it? Did jerry WANT to go cut his arm off???

  • @GeninGeo
    @GeninGeo 28 วันที่ผ่านมา

    You cant say anything medical on a social media platform without a degree but get railed for following doctors ORDERS.

  • @SashaStrayy
    @SashaStrayy 28 วันที่ผ่านมา

    Hey everyone, just wanted to share a cautionary tale. I decided to go to India for a cheap cosmetic surgery, but things went horribly wrong. The anesthesia wasn’t done properly, and I actually woke up during the procedure with a tool inside my rectum! It was a nightmare. Just a heads up to thoroughly research and choose a reputable place if you’re considering surgery abroad. Stay safe out there!

  • @cornycornsnake
    @cornycornsnake 21 วันที่ผ่านมา

    Could someone go into more detail about the propaganda that was alluded to?

  • @jaad9848
    @jaad9848 27 วันที่ผ่านมา

    Its because both doctors from both sides are bought and paid for so either doctor isnt going to say the other is doing malpractice because for the right coin they would be on the other side.

  • @Jon-et1bq
    @Jon-et1bq 7 วันที่ผ่านมา

    Maybe we should judge lawyers at the same bar you set for doctors when it comes to malpractice.
    Your bias is naked here.

  • @shootingsttarr
    @shootingsttarr 28 วันที่ผ่านมา

    But the doctors in Ohio gave my mom a medicine that poisoned and killed her and you are in GA!!!! Help - cause of death: Amiodarone Pulmonary Toxicity