Personal Injury Litigation by Doctors Offensive

This week a jury in Tampa, FL awarded a 16 year old boy $4 million because a boy in the private school who had harrassed Danny Heidenberg in the past fell on him during a football game at recess and broke Danny's arm. The offender had bullied Danny and others at school and during the game. The reasoning for the lawsuit and award was that his parents had complained before and the teachers had not supervised them enough. Danny has screws in his arm and his attorney claims there is permanent nerve damage in his forearm. And, he should get $4 million dollars because he wanted to be a surgeon when he grew up. Give me a break.

While it is sad that Danny has damage to his arm, in my opinion it does not come close to deserving $4 million. It is not like he just finished medical school and was about to start his career as a surgeon. His injury does not prevent him from working and probably does not prevent him from a career in medicine -- if he even really wanted or continues to want that career. He was 12 at the time of the injury (16 now). He has plenty of time to pursue his life path in a way that is fulfilling and productive for him.

What makes this case even more offensive to me is that both of his parents are physicians. His father is a DO urologist and his mother is an MD fertility specialist. I find it fascinating (and irritating) when physicians, who are always under the gun of malpractice lawsuits themselves, jump at the chance to file their own lawsuits for the ever vague "pain and suffering" theme. I hope neither of Danny's doctor parents have or ever will complain about medical liability.

I can understand wanting to prevent this from happening to anyone again at that school. I understand wanting accountability. I understand frustration and anger. I could understand mediation to facilitate a constructive process and plan of action for both the bully and the school, including restitution for medical expenses. I understand wanting to stand up for and protect your child. But to me, his parents become just like the personal injury lawyers who go for money or revenge. "Let me hurt you to make my point." Nothing constructive happens to change the situation and they have their $4 million award. Personally, I would never, as a potential patient, go to physicians who thought this was the only way they could make a point or seek justice, or who finally feel some satisfaction because they won.

It may not be the case at all, but it reminds me of people who are abused becoming abusive themselves, victims who become victimizers. Is this an example of how the oppression of the malpractice system for physicians creates a situation where those same people use the system to beat up someone else? It also strikes me that they use a system that by its very nature is bullying while presenting as victims of a bully.

The personal injury system is out of control. It is not constructive and only creates more harm. We just had a case in Orlando a few weeks ago of a police officer who responded to a 911 call of a toddler found in a pool suing the family because she slipped in a puddle of water in the house after the mother carried her unconscious child in to the bedroom where she called for help. Fortunately public outcry pressured the officer to drop the lawsuit. In personal injury cases (and in life), the only thing worse than people who exploit a bad situation, who go after personal gain at any means, or who are more interested in punishment and award than constructive change, are the attorneys who encourage them.

I keep thinking that maybe, out there somewhere, there are actually ethical personal injury attorneys. I have no idea where, but I do hold hope. I just wish they, and their associations would hold attorneys accountable for more ethical behavior. Just because their actions may not violate the letter of the law, does not mean they are ethical. We need a major attitude shift in this country -- and maybe in the world -- toward ethical standards of behavior that take into consideration the well-being of all parties involved, not just one. What is fair and just for all involved? I wish we could focus on justice AND a process that results in a better school, or a better medical system, how we use a bad situation to help create a better situation for personal and collective justice. That could create the protection and enhancement of others to come after them so that this kind of thing doesn't happen again.