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wrote:


Perhaps it's because they don't want tenants who are aware of their rights? My Uncle has been a slumlord for decades, he's very careful to only rent to stupid people. Keeps the repair costs low and the income high.
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Full_Name wrote:

That may be true for some, but people who know the law or simply think they know the law and want to make life miserable for a decent amnd reasonable landlord can indeed make life miserable. As one example, it used to be that landlords routinely used to allow occasional late rent with a credible reason, as long as it didn't become a habit. Today a landlord is opening him/herself up to a lawsuit if they give grace to one person and not to another, even though the former had an arguably valid reason for being late, and the latter was a parasite. Result? A landlord has to turn into an asshole and not listen to any reason/excuse, no matter how justified, and charge late fees, send letters threatening to evict if not paid by such and such a date, etc., even though he trusts the particular tenant to make good on the late rent, in order to pre-emptively preserve his/her rights to evict in the one-in-a hundred chance that the back-rent never gets paid and to protect him/herself from a lawsuit (discrimination or otherwise).
It's also why a landlord is at risk unless he has a 10 to 20 page lease to cover all the contingencies, and even then, in certain landlord-hostile legal systems (Detroit, parts of New Jersey, parts of New York, much of California), even a perfectly reasonable and legal lease will not hold up in court of law.
Those are just examples of the legal environment - and why I just got rid of my rental property a few months ago (and I am in a place that has a reasonable and fair legal system). I reiterate: An asshole lawyer or pre-law or law student can make life miserable for a decent and fair landlord.
Bill Putney (to reply by e-mail, replace the last letter of the alphabet in my address with "x")
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You forgot to include Massachusetts in your list of states which make if difficult for landlords.... unless things have changed

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You are absolutely correct. Now that you mention it, I particularly remember getting the impression from the landlording forums that Boston is a city that you definitely do not want to be a landlord in. The funny thing about all this is that when the court systems in a given place become landlord hostile to punish landlords for past sins, rental housing becomes scarce, rents go up, and the only landlords left are going to be real jerks. And then when things get even tighter to inflict further punishment, and they force rent freezes and lead abatement, things get really scarce (people just simply get out of the business). The people who are supposedly being protected (low income renters) are the ones that get hurt the worst - unintentional consequences as a result of idiot politicians who can't think past their noses.
Art wrote:

--
Bill Putney
(to reply by e-mail, replace the last letter of the alphabet in my
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Here's a great case. A guy gets tested for HIV and it comes back positive. Gets it verified and it comes back negatives but no one notices. He is treated for HIV for 8 years and the guy is thinking he could die any day, especially when he catches a cold. Finally the doctor notices the negative HIV results and has him checked again. Negative again. Big OOPS.
Almost forgot the one last year at Duke Hospital. They give a teenager a heart transplant but no one bothered to check the blood type. She was dead in a few days.
These things just should not happen. It is called quality control and in general, US hospitals don't get it.

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On Wed, 01 Sep 2004 00:27:44 GMT, "Art"

Bah..... O+, AB- what's the difference?
Besides They figured it out in the end right? Give the parents $20K for their daughters life (ought to cover a nice funeral anyways) brush it under the rug and carry on. If parasitic lawyers get involved a doctor could get disciplined and protocols might have to change. Best that folks don't sue.
Remember the client's motto: My Lawyer is a Great guy, Everyone else's Lawyers are pond scum.
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Full_Name wrote:

Thanks for trivializing a tragedy. And what do you do for a living?
Bill Putney (to reply by e-mail, replace the last letter of the alphabet in my address with "x")
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wrote:

At the moment I'm working for an insurance company cleaning up files that are years out of compliance and horribly messed up. But I am going back to school to finish up my post grad work.
So I do have a bit of experience handling medical incompetence & dealing with lawyers.
With regards to "trivializing"... It's called Satire
satire n. A literary work in which human vice or folly is attacked through irony, derision, or wit. The branch of literature constituting such works. See Synonyms at caricature. Irony, sarcasm, or caustic wit used to attack or expose folly, vice, or stupidity. -------------------------------------------------------------------------------- [Latin satira, probably alteration (influenced by Greek satur, satyr, and saturos, burlesque of a mythical episode), of (lanx) satura, fruit (plate) mixture, from feminine of satur, sated, well-fitted. See s- in Indo-European Roots.]
PS I've had personal experiance with both good MD's & Bad. Lawsuits don't scare good MD's.
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Full_Name wrote:

--------------------------------------------------------------------------------
No - they just loudly complain about the malpractice insurance premiums. So you're telling me that a good physician is not concerned about being sued for something that is not his/her fault when real world says they should be? You're FOS.
Bill Putney (to reply by e-mail, replace the last letter of the alphabet in my address with "x")
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wrote:

Lawsuits don't scare Good MD's. Jury's full of incompetent morons do.
You have no doubt noticed that America is the land of doctors with sky high malpractice insurance premiums.
But, have you also noticed that the US is also the land where the put the determination of financial compensation in the hands of complete idiots?
What other civilized country does that? If you can't see that connection there is little else that I can do to explain my position.
PS The Trailer park & the Springer show isn't actually the real world. Oh also, just a FYI that Hilton girl's TV show isn't the "real world either" A good doctor screens and educates his patients before he ever lifts a scalpel.
PPS. Don't take it so personally, it's just an opinion.
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Full_Name wrote:

How do you separate the two (hint: you can't unless you settle as if you are guilty even if you aren't). Sounds like a semantics game to me. Jurys full of incompetent morons are *WHY* good MD's might ought to be scared of lawsuits.
Bill Putney (to reply by e-mail, replace the last letter of the alphabet in my address with "x")
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wrote:

You are correct with regards to how I posted what I posted.
What my logic was that moron juries deciding the financial settlement are the source of the problem. What I had intended was the notion that although we should still retain the Jury system for the guilt/innocence aspect, financial awards should be determined by financial experts. (to prevent the "grandma groin splash cash pay outs").
I don't think that most of us in this group would begrudge the old lady some compensation. I just think that for most of us a "sorry here's a free coffee" & we'll pay part of your medical bills should have sufficed"
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He was making a point. One that a bunch of you don't seem to understand. Bush hates lawyers but he hired a bunch when being interviewed over the CIA outing by Novak.
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Art wrote:

You will never get the human factor (i.e., the ability to make errors) out of a system no matter how good it is. You chose the wrong hospital (Duke) to pick on for criticism. They saved my daughter's life with exceptional care with a childhood cancer that she wasn't supposed to survive. We traveled 110 miles for her diagnosis and treatments when there were other institutions a lot closer to us that, according to some, were just as qualified.
You should have read the inexcusable horror stories on the internet support group for the same very rare disease (200 cases a year diagnosed in the U.S.) that my daughter had, posted by parents in Canada and England about their kids because of the metered care. And guess where super-rich foreign dignitaries brought their kids to be treated for very life-threatening diseases (hint - it wasn't Canada or England).
Not excusing an awful mistake that someone at Duke may have made - I'm sure they paid dearly for it, as obviously did the teenager and her family in a very different way, but there are unfortunate mistakes everywhere and in every system. I am no apologist for our system either - it certainly has serious problems. But there are a lot worse. We need to fix it rather than make it worse.
Bill Putney (to reply by e-mail, replace the last letter of the alphabet in my address with "x")
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Domestic car companies used to deliver cars with scores of defects. They claimed that was the best they could do until faced with Japanese competition. Now they count defects per hundred cars. The medical industry is where the domestic car industry was decades ago. I'm glad to hear that Duke successfully treated your daughter but patients should not be relying on serendipity while in a hospital. Duke and government regulators found terrible flaws in their system after the transplant error. That might not seem too bad but just a few years prior, other problems were found at Duke that were so bad that they were removed from the list to run certain medical studies... an extreme sanction used because Duke failed to respond to several warnings about their processes. Duke promised to clean up their act then but apparently did not. We will never know what Duke paid in damages for the transplant error because it was kept confidential. Most of these messes are no longer public knowledge because Duke, like many hospitals, sneak in a binding arbitration clause with all the other papers you sign at admission. That way the cases never get to court and don't face much public scrutiny.

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Art wrote:

I appreciate that, Art. She's now married and has a son, and is the picture of health.

I'll take your word for it. That is unfortunate. Again, not making excuses for them, but you will find glaring examples of human fallibility no matter what the system. I guess you have to ask which system has the best balance of oversight and correction of problems, and still get results at a reasonable cost. I would agree with you that we are far from the ideal (similar to what Churchill said about Democracy being "...the worst form of government except for all the others").

--
Bill Putney
(to reply by e-mail, replace the last letter of the alphabet in my
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Art wrote:

Art,
I got news for you - everybody screws up sooner or later. I don't mind a system where injured parties are reasonably compensated for someone else's mistakes. I do mind a system where an honest mistake become some sort of entry in to an enormous lottery.
Ed
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So you are saying that a jury of your peers is inherently unfair to doctors? You think somehow when someone gets jury duty they turn off their brain? I don't think so. Please provide a scientific explanation for your conclusion.

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Art wrote:

You seem to want science only when it's unattainable and can't hurt your position, Art.
It's well known and understood that most of the legal cases that settle out of court do so because both sides recognize that letting the morons who find themselves on the typical jury decide the case is usually not for the better of anyone.
Besides that, I think a doctor would have a tough time getting a jury of his peers. How many medical professionals serve jury duty? And what are the chances that a group of them would find themselves on the same jury for a medical malpractice lawsuit?
--Geoff
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Most cases are settled out of court because litigation is very expensive. And no one knows what the judge will do or what the jury will do. In a way the inherent inefficiency of the court system leads to an efficient settlement system.

doctors?
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