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In-Reply-To: <[log in to unmask]>
> Graham Ross wrote:

> It is unfortunate, as I
> indicated in my letter which I think they have published this week, that
> the debate that was developed was the overdone and dreadfully boring
> "ambulance chasing lawyers" one.

What, like the overdone and dreadfully boring "GPs over-prescribe
antidepressants" one?

I think the reason most doctors find class actions hard to take is purely
a conceptual one: except in the case of vaccs and imms, there is seldom a
direct link between a GP prescribing and a profit motive (in some ways,
the link is theoretically a negative one - prescribing for a patient
costs money and the capitation fee is wiped out pretty quickly if you
prescribe SSRIs). On the other hand, lawyers earn their money directly on
the basis of fee for service. This, almost universally, is what irritates
doctors about lawyers. As a lawyer of my aquaintance put it "try asking a
solicitor or barrister about the morality of the cases they bring and
lose - our profession almost always rationalises these as a failure to
present the evidence the right way - if we didn't believe that deep down
we either wouldn't take the case on in the first place or we would suffer
deep depression every time we defended a rape case and lost." This kind
of rationale leads to the "White Knight" philosophy/presentation without
which some in the legal profession would find it hard to do their job. If
you begin to appreciate the random way in which justice is administered
and compare it with the random way in which people seek healthcare the
parallels become uncomfortably apparent!

In the US, the whole thing has degenerated into a kind of game, where
no-one minds so much being sued any more, because it is part of the job -
doctors and lawyers feel pretty much the same about making money out of
patients. It seems only fair in a bizarre kind of way. About the only
thing this tacit understanding has failed to do, and will fail to do, is
to make doctors love lawyers. For some reason, the lawyers (convinced
that they are doing the right thing), fail to understand why doctors
(convinced they are doing the right thing) view them as low life. If the
arguments above are correct, this situation will remain as long as
doctors and lawyers exist!

Andrew :)

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Dr. Andrew N. Herd MRCGP

General Practitioner & Journalist
Medical Adviser to County Durham Health Commission
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