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LETTERS: This is a real malpractice crisis

To the editor:

Not long ago, an organization named Keep Our Doctors in Nevada pressured the Legislature into an emergency session and persuaded Nevada citizens to vote for medical malpractice protection, all in the name of a phony "medical malpractice crisis."

Dr. Dipak Desai and the Endoscopy Center of Southern Nevada were among the practices behind the Keep Our Doctors in Nevada group. As a result, medical providers, including Dr. Desai and his clinic, are protected by caps on damage awards.

Does anyone now think $350,000 is adequate compensation for the pain and suffering that will be endured by any patient of Dr. Desai who contracts HIV/AIDS, hepatitis B or hepatitis C?


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  • Like many lawyers who represent injured medical patients, my firm fought against the caps, and I can tell you this is precisely the type of situation we were concerned about when the doctors and their insurance companies used the "Keep Our Doctors in Nevada" fear campaign to achieve their selfish goal of protective caps. The truth is we shouldn't keep doctors such as Dr. Desai in Nevada, and doctors such as Dr. Desai don't deserve protective caps so they can practice substandard medicine with no fear of a jury's verdict.

    This is a real "medical malpractice crisis," and it will not be the last one unless and until doctors such as Dr. Desai can be held accountable in full for the pain and suffering caused by such blatant and irresponsible malpractice.

    Nevada voters should demand that the doctors' special shield law be repealed and that they be treated like the rest of us.

    Jeff Gomel

    LAS VEGAS

    Bottom feeders

    To the editor:

    It's hard to decide which is more deplorable: the greed associated with the Endoscopy Center of Southern Nevada's reuse of syringes, exposing tens of thousands of people to deadly risk to save a few dollars, or the greed associated with the legal feeding frenzy that has surfaced in the past few days.

    I'm sure that most lawyers are professionals who seek to help their clients, but the impression given by all those TV and newspaper ads makes all those jokes that compare lawyers to sharks and bottom feeders (sorry, I just insulted sharks) seem all too true.

    Andy Perla

    LAS VEGAS

    High volume

    To the editor:

    The Review-Journal said it all in its Sunday editorial concerning the grossly unsanitary, invasive medical procedures conducted on an outpatient basis in Las Vegas: "The Endoscopy Center of Southern Nevada is a high-volume gastrointestinal practice that performs a lot of colonoscopies."

    The key words are "high-volume." That means lots of medical procedures, quickly done, producing lots of cash for the doctors who own the facilities, and reducing costs for insurers and HMOs paying for the procedures.

    Setting aside the question of dangerous, unsanitary practices, an equally important question is: Were the medical evaluations of the patients' colons done in an equally slipshod, high-volume manner? In other words, can Las Vegas area doctors and their patients trust the medical reports produced by the doctors doing the colonoscopies at these facilities?

    "High-volume" means more than just lots of money from lots of patients. It can also mean the facilities' doctors not devoting enough time and attention to what they should have been seeing through the colonoscope, and not spending the time to dictate a thorough report for the referring physician who ordered the colonoscopy.

    If I were a doctor trying to avoid malpractice liability, arising out of having referred a patient to these facilities for a colonoscopy, and then having relied on a report from this slipshod operation, I would be advising my patients to have another colonoscopy, at a different facility with different doctors doing the evaluation and reporting.

    Jennifer Shaw

    LAS VEGAS

    Disgusted

    To the editor:

    I just wanted to express the disgust of my entire family at the publication of the picture on Page 3B of Sunday's newspaper, which showed a man grabbing his wife's breast. What is the purpose of taking the picture, let alone publishing it? Show some class, for God's sake.

    Lisa McKenzie

    HENDERSON

    Not thinking

    To the editor:

    What could you have been thinking with "A Feel for the Moment" on Page 3B of Sunday's newspaper? Was there a point to be made with that highly inappropriate picture and caption, or was that supposed to be a joke?

    I am surely not the only Review-Journal reader who is offended. That is most certainly a new low for the Review-Journal.

    Mary Ashcraft

    HENDERSON



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    Vegas Native wrote on March 10, 2008 09:14 AM: Tort reform worked alright....for Desai and his bunch anyway. Ask the dozens of people infected with deadly diseases because Desai felt comfortable enough to do whatever he damned well pleased. Civil liability is the ONLY way to keep the individual citizen from being victimized. Artificial (and arbitrary)caps simply take the teeth out of it.


    lvdoc wrote on March 06, 2008 07:24 PM: Alot of talk about tort reform failure...Tort reform works. More docs have come here since KODIN, malpractice rates have dropped. Frivolous cases are harder to file (trial lawyers say there's no such thing as a frivolous case but everyone else in the world disagrees). The cap against noneconomic (ie emotional) damages has an exception for the most egregious cases. I think all (lawyers, docs, lay persons) would agree (finally) that this endoscopy fiasco fits that exception, and should be considered criminal. Anyone check to see if those docs' passports/visas been revoked? Those forein born docs have a funny way of slipping back to their "homeland".


    Vegas Native wrote on March 05, 2008 09:33 PM: Francis had more to do with the "med-mal crises" shenanigans that went on a couple years ago than any other single individual. With his carrier and the Board of Examiners covering his backside while he continued to hack away at his "patients." Reeling him in would have saved millions in settlements and dozens of maimed people. However, KODIN and their ilk simply made it easier for guys like D'Ambrosio to do what they odo ala Desai.


    smeng wrote on March 05, 2008 09:26 PM: The heck with malpractice caps...these people should be going to PRISON. Everyone who worked at the clinic and especially those in charge should have very serious criminal charges brought against them. Or is that only reserved for copyright infringers these days?


    Review-Urinal wrote on March 05, 2008 08:35 PM: Hey Sherm, you act all high and mighty being a Reverand and all, but when all is said and done, your RJ is a tabloid. Sex sells, and you opt to worship Mammon. I have cancelled my subscription, others will do likewise I pray, and just like the New York Times, and others, circulation is dropping among the broadsheets.


    atty wrote on March 05, 2008 08:14 PM: Mr. Roker, most people who pursue personal injury claims do not have the money to finance the case. You have no idea how much it costs to litigate such a case. How about you take a shot at how much you think a law firm invests to litigate the endoscopy case. Try six figures. It requires numerous medical experts, economists, fact witnesses. If you got your way, no one would be able to pursue their damages and the legal system would be left only to the wealthy. Contingent fees account for the risk put forward by the attorney for advancing the costs of the case and for their work. You do realize attorneys have to pay salaries to their staff, right?

    The medical malpractice crisis never occurred. It was a figment of the insurance companies' execs' minds. Voters in Nevada fell for it. You think this happens to other people until it happens to you. Now, we reap our just rewards.

    By the way, D'Ambrosio deserved everything that happened to him.


    rey wrote on March 05, 2008 05:16 PM: is anybody looking into the wheel of fortunes...why has the .25 cent one gone up to 6 million within 3 days...last week it was 370thousand...nobody knows where it hits anymore...the change persons..ive asked all say the company dont disclose that anymore...whats going on..is there really a jackpot given away or a scam


    j wrote on March 05, 2008 05:10 PM: Interesting...I look at medical files every day for work, and have noticed that many people go to California, Utah, or Arizona for routine medical work--especially people who are extremely affluent, or in the medical field themselves.

    So, is Nevada the medical "Calcutta", with third world medical care?!

    Recently someone moved here, and found the medical system such a dismal joke, he moved back to Michigan. He is a brittle diabetic, and felt like the medical system here was a joke.


    lvdoc wrote on March 05, 2008 04:44 PM: Vegas native...What I consider frivolous: Neurosurgeon gets consulted on a guy with a tumor next to and invading optic nerve. The surgery will likely make him blind, but save his life, and patient knows this. He gets the surgery, cancer gone, but suffers severe visual deficit. He sues and wins (I think settlement). There are no winners except for the lawyer. That's frivolous. #2) GYn doc does surgery that results in "loss of consort"-shortened vag? Known possible result of procedure. Patient sues and wins over $4mil. No lack of informed consent, just emotional dog&pony show. 3)Any case of Cerebral palsy. MOST are not due to fault of delivery according medical studies...BUT, if you talk about a guy like DAmbrosia, well, have to agree with you on that one.


    Vegas Native wrote on March 05, 2008 03:38 PM: lvdoc: How about a link to a credible source of a story - just one - of a "wild, frivolous lawsuit" where an innocent defendant was made to pay an "unreasonable" amount of non-economic damages?


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