Suit Against S&W Over .460 Finger Amputation Dismissed

[Golly Gee]

Originally Posted by marlinspike

If it weren't for lawyers, it'd be too dangerous to go a hospital. As it is medical malpractice is kills FAR more people than car accidents, in fact more than all accidental deaths combined. You don't have to spend too much time in a hospital to find somebody doing something wrong. FAR more people are injured by medical malpractice than ever bring a claim.

Then, when you consider the amount of covering for each other that goes on (from lying about the amount of training given to residents to covering up for mistakes made in surgery), the way I see it doctors (and hospitals especially) have no right to complain, especially when you consider that something as simple as a lack of communication, rather than the malpractice itself, is what makes most people decide to bring suit.

If you want to talk about the costs of medical malpractice insurance, take a look at the correlation between the success of investments by insurance companies and medical malpractice rates.

It's not the legitimate law suits that are the problem. If a doctor or a hospital mess up, they deserve to be sued. It's the frivolous ones & the greedy lawyers who agree to handle them on contingency that are the problem. Too many times they win their cases because the jurors think the big rich insurance companies are the ones paying the settlement. They don't realize that their own insurance premiums are helping pay it. And that's not to mention the $$$ the defendant has shelled out for lawyer fees.

[marlinspike]

Originally Posted by Golly Gee

It's not the legitimate law suits that are the problem. If a doctor or a hospital mess up, they deserve to be sued. It's the frivolous ones & the greedy lawyers who agree to handle them on contingency that are the problem. Too many times they win their cases because the jurors think the big rich insurance companies are the ones paying the settlement. They don't realize that their own insurance premiums are helping pay it. And that's not to mention the $$$ the defendant has shelled out for lawyer fees.

On the one hand, there are cases that are clearly one-sided, but isn't that what summary judgment is for? If you're a lawyer, and a person comes to you and thinks they've been wronged, wouldn't you feel some personal obligation to assist them as best you can? I've more or less specialized in criminal law already, and that has admittedly colored the way I think. I realize civil litigation operates very differently, but I'm not sure that it changes how personal obligation operates.

[CelticWarrior13]

Originally Posted by marlinspike

On the one hand, there are cases that are clearly one-sided, but isn't that what summary judgment is for? If you're a lawyer, and a person comes to you and thinks they've been wronged, wouldn't you feel some personal obligation to assist them as best you can? I've more or less specialized in criminal law already, and that has admittedly colored the way I think. I realize civil litigation operates very differently, but I'm not sure that it changes how personal obligation operates.

I'm sorry that you've specialized in Criminal Law!!! FWIW - there could be one of your clients who is innocent!!! LOL

Funny - I had this exact conversation earlier today with a friend who was leaving the State Attorney's Office to go elsewhere! Civil is the way to go for money (of course!)

And while in definition I can agree that every citizen deserves the best defense they can muster - I have a problem with Defense attorneys who knowingly get off guys they wouldn't let spend the evening with their wife and kid

Civil law is a much easier aspect to broach!!! (and again...the money is much more unless you're defending Tony Soprano or someone like him!!!)

Civil Litigation is a different thing sometimes (family law...BS cases, etc...) Nope...let the court decide...if anything!!! Summary judgements are a rare thing here (unless one side doesn't show up?) Don't you miss the whole "debating" thing!!!?

[marlinspike]

Originally Posted by CelticWarrior13

I'm sorry that you've specialized in Criminal Law!!! FWIW - there could be one of your clients who is innocent!!! LOL

Funny - I had this exact conversation earlier today with a friend who was leaving the State Attorney's Office to go elsewhere! Civil is the way to go for money (of course!)

And while in definition I can agree that every citizen deserves the best defense they can muster - I have a problem with Defense attorneys who knowingly get off guys they wouldn't let spend the evening with their wife and kid

Civil law is a much easier aspect to broach!!! (and again...the money is much more unless you're defending Tony Soprano or someone like him!!!)

Civil Litigation is a different thing sometimes (family law...BS cases, etc...) Nope...let the court decide...if anything!!! Summary judgements are a rare thing here (unless one side doesn't show up?) Don't you miss the whole "debating" thing!!!?

I couldn't do civil anything, litigation or paperwork. I'd sooner be a cop. Money is fine if you've never had it (not a knock, I'm just saying that if I never had it I would probably have a drive for it). I came from a family that had lots of it, so I know what it's like, and I've had so little of it that I was down to 1 meal a day at one point. Heck, I haven't had a mattress since going to law school (though, that's more a priorities thing as I have a $200 holster on order). I've found that being excited to go to work every day made me a lot happier than having money, as long as I had enough for the bare essentials and a little on the side for my hobbies (this works out to less than $20k/yr when you take out tuition).

Summer after 1L I worked in a private defense firm (they had a civil lit department that I helped out in occasionally - made me want to slit my wrists). This past summer I was in a prosecutor's office. There's plenty of righteous indignation to be had on either side. On the prosecutor's side it's obvious, so there's no need for me to say anything more. On the defense side - each one of these guys has some redeeming quality. Just look at the guys who helped that prison guard out in Florida. They had significant charges pending. Are some of these guys bad guys? I'm sure, but I don't KNOW that any person is guilty. Even if I were there, my perception and memory could have been faulty. Heck, think about how many nutjobs call the police to confess to crimes they didn't commit. Every man is entitled to a defense. Not to mention the ever increasing number of ridiculous laws with unintended consequences. Yeah, there are guys who probably did the crime who got off, and the cops and prosecutors are better for it.

That said, I'm hoping to get a job as a prosecutor once I bar.

[SistemaTodd]

never mind

[CelticWarrior13]

Originally Posted by marlinspike

I couldn't do civil anything, litigation or paperwork. I'd sooner be a cop. Money is fine if you've never had it (not a knock, I'm just saying that if I never had it I would probably have a drive for it). I came from a family that had lots of it, so I know what it's like, and I've had so little of it that I was down to 1 meal a day at one point. Heck, I haven't had a mattress since going to law school (though, that's more a priorities thing as I have a $200 holster on order). I've found that being excited to go to work every day made me a lot happier than having money, as long as I had enough for the bare essentials and a little on the side for my hobbies (this works out to less than $20k/yr when you take out tuition).

Summer after 1L I worked in a private defense firm (they had a civil lit department that I helped out in occasionally - made me want to slit my wrists). This past summer I was in a prosecutor's office. There's plenty of righteous indignation to be had on either side. On the prosecutor's side it's obvious, so there's no need for me to say anything more. On the defense side - each one of these guys has some redeeming quality. Just look at the guys who helped that prison guard out in Florida. They had significant charges pending. Are some of these guys bad guys? I'm sure, but I don't KNOW that any person is guilty. Even if I were there, my perception and memory could have been faulty. Heck, think about how many nutjobs call the police to confess to crimes they didn't commit. Every man is entitled to a defense. Not to mention the ever increasing number of ridiculous laws with unintended consequences. Yeah, there are guys who probably did the crime who got off, and the cops and prosecutors are better for it.

That said, I'm hoping to get a job as a prosecutor once I bar.

I will always defend (heck, I used to be in love with a Public Defender (oh...the shame - but she was incredibly hot!!!) A persons right to the best defense possible!

Using the DOC is not a good example (I'm about to arrest one of their Sergeants for perjury in a case that you'd have thought she'd have told me the truth about...it didn't affect her either way - until she lied under oath to me!!!

In all actuality...I look at it as a "game" I play by the rules and sometimes I win...sometimes I lose...I never take it personally unless someone makes it so(in which case...)
I salute your service as a defender of the public good!!! ( I did like the "sooner be a cop reference" It's not that bad and you go home feeling clean at the end of the day!!!) But again...Civil is where the money is (why oh why am I an idiot and don't take advantage!!!)

[marlinspike]

Originally Posted by CelticWarrior13

I salute your service as a defender of the public good!!! ( I did like the "sooner be a cop reference" It's not that bad and you go home feeling clean at the end of the day!!!)

Not to go too OT, but I'm actually in the 12 week + a ride-along citizen's police academy that we have here, though I missed last week because I was prepping for the MPRE and lost track of time...and of course the week I missed was SWAT week...son of a.... Speaking of which, I take the MPRE in 8 hours, so wish me luck.

[CelticWarrior13]

Originally Posted by marlinspike

Not to go too OT, but I'm actually in the 12 week + a ride-along citizen's police academy that we have here, though I missed last week because I was prepping for the MPRE and lost track of time...and of course the week I missed was SWAT week...son of a.... Speaking of which, I take the MPRE in 8 hours, so wish me luck.

Fantastic...it's good to understand that we don't "randomly" pick up people off the street to charge them with criminal offenses! (something I had to explain to Susan (the hot PD) as she earnestly believed her clients were innocent...and possibly one or two of them were!)

But yes...you missed the coolest week! I don't know how your SWAT team operates, but if typical then they do have the coolest toys (well...outside of EOD - which is available to SWAT during callouts)

[sc1911cwp]

He's not an Obama voter, just Dick Chenys relative

[40dcoe]

Originally Posted by marlinspike

If it weren't for lawyers, it'd be too dangerous to go a hospital. As it is medical malpractice kills FAR more people than car accidents, in fact more than all accidental deaths combined.

You've been reading too many chain e-mails.

Joe

[ADC]

Originally Posted by 40dcoe

You've been reading too many chain e-mails.

Joe

[Golly Gee]

Originally Posted by marlinspike

On the one hand, there are cases that are clearly one-sided, but isn't that what summary judgment is for? If you're a lawyer, and a person comes to you and thinks they've been wronged, wouldn't you feel some personal obligation to assist them as best you can? I've more or less specialized in criminal law already, and that has admittedly colored the way I think. I realize civil litigation operates very differently, but I'm not sure that it changes how personal obligation operates.

A woman buys a steaming hot cup of coffee in the drive through, takes the lid off & puts it between her legs, then sues the company because she got burned. I would feel obligated to laugh in her face & tell her to go pound sand.

[Timbalionguy]

There is a YouTube video showing an instructor who is demonstrating the danger of the damage that can be done by barrel gap gasses. Instead of a finger, he places a hot dog alongside the barrel of a .460 (or some other heavy revolver) and fires it. The hot dog was reduced to mincemeat.

The danger of barrel gap gases should be something familiar to all revolver users as is the presence of a moving blade under a lawn mower.

The .460 is an awesome weapon. I love mine. Shoots three different 'power level' round sizes.