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	<title>Comments on: Another Reason I Thank God I Live in Korea</title>
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	<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/</link>
	<description>Korea... in Blog Format</description>
	<pubDate>Mon,  8 Sep 2008 04:51:04 +0000</pubDate>
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		<title>By: peninsular aborigine</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115198</link>
		<dc:creator>peninsular aborigine</dc:creator>
		<pubDate>Fri, 26 Oct 2007 05:39:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115198</guid>
		<description>"Nimrod." That's funny. When I was a kid, that was my oldest brother's favorite slur. How the hell did the towel jockey (or whatever) at the Tower of Babel get to be a slur? Gives a fellow hope ...

Since I know and have known scores of doctors here, I am given to believe that Anglo prejudice vis-a vis doctors and lawyers (former good, latter bad) is reversed in Korea. Doctors claim that Koreans think doctors are chiselers and lawyers are honest joes. Is this true or am I a victim of selection bias?</description>
		<content:encoded><![CDATA[<p>&#8220;Nimrod.&#8221; That&#8217;s funny. When I was a kid, that was my oldest brother&#8217;s favorite slur. How the hell did the towel jockey (or whatever) at the Tower of Babel get to be a slur? Gives a fellow hope &#8230;</p>
<p>Since I know and have known scores of doctors here, I am given to believe that Anglo prejudice vis-a vis doctors and lawyers (former good, latter bad) is reversed in Korea. Doctors claim that Koreans think doctors are chiselers and lawyers are honest joes. Is this true or am I a victim of selection bias?</p>
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		<title>By: wjk</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115116</link>
		<dc:creator>wjk</dc:creator>
		<pubDate>Fri, 26 Oct 2007 01:54:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115116</guid>
		<description>Association of Trial Lawyers of America, 
http://en.wikipedia.org/wiki/Association_of_Trial_Lawyers_of_America

Thanks for the clarification, Mr. Carr.  

So, Dogbertt, you don't seem to understand that the doctor won't do certain things for you or not see you if you have public aid as health insurance, or limit you to 1 problem in 15 minutes, because he's more concerned about profit, charting, coding, and lawsuits.

They won't even let us use abbreviations anymore, because people have won lawsuits.</description>
		<content:encoded><![CDATA[<p>Association of Trial Lawyers of America,<br />
<a href="http://en.wikipedia.org/wiki/Association_of_Trial_Lawyers_of_America" rel="nofollow">http://en.wikipedia.org/wiki/A.....of_America</a></p>
<p>Thanks for the clarification, Mr. Carr.  </p>
<p>So, Dogbertt, you don&#8217;t seem to understand that the doctor won&#8217;t do certain things for you or not see you if you have public aid as health insurance, or limit you to 1 problem in 15 minutes, because he&#8217;s more concerned about profit, charting, coding, and lawsuits.</p>
<p>They won&#8217;t even let us use abbreviations anymore, because people have won lawsuits.</p>
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		<title>By: dogbertt</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115112</link>
		<dc:creator>dogbertt</dc:creator>
		<pubDate>Fri, 26 Oct 2007 01:46:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115112</guid>
		<description>I'd much rather have a physician who makes a lot of file notes (e.g., cut off RIGHT leg, not LEFT leg), than one who doesn't.  

As for the rest of wjk's tripe, as Brendon says, it's uninformed bullshit.

And, lawyers don't have a union, nimrod.</description>
		<content:encoded><![CDATA[<p>I&#8217;d much rather have a physician who makes a lot of file notes (e.g., cut off RIGHT leg, not LEFT leg), than one who doesn&#8217;t.  </p>
<p>As for the rest of wjk&#8217;s tripe, as Brendon says, it&#8217;s uninformed bullshit.</p>
<p>And, lawyers don&#8217;t have a union, nimrod.</p>
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		<title>By: Brendon Carr (Korea Law Blog)</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115087</link>
		<dc:creator>Brendon Carr (Korea Law Blog)</dc:creator>
		<pubDate>Fri, 26 Oct 2007 00:32:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115087</guid>
		<description>&lt;blockquote&gt;Unconfirmed. Plaintiff only wins 20% of the award to take home. 80% to the lawyer.... Trash like [John] Edwards and co deserve hell and fire and brimestone. Remember, 80% of the award is to the lawyer.&lt;/blockquote&gt;

The reason you can't confirm this assertion is because &lt;b&gt;it's not true&lt;/b&gt;. No lawyers' professional association would permit an 80% contingent fee, because it would be deemed unconscionable. Lawyers' fees, according to rules of professional conduct, must be reasonable.

I am sure there have been cases where a client only ends up with 20% of the award in his or her pocket, though. The reason? The client is responsible for out-of-pocket expenses, which in complex cases with low payoffs can include a lot of money spent on expert witnesses. Should that be considered the lawyer's fee, or something for which the lawyer is responsible?</description>
		<content:encoded><![CDATA[<blockquote><p>Unconfirmed. Plaintiff only wins 20% of the award to take home. 80% to the lawyer&#8230;. Trash like [John] Edwards and co deserve hell and fire and brimestone. Remember, 80% of the award is to the lawyer.</p></blockquote>
<p>The reason you can&#8217;t confirm this assertion is because <b>it&#8217;s not true</b>. No lawyers&#8217; professional association would permit an 80% contingent fee, because it would be deemed unconscionable. Lawyers&#8217; fees, according to rules of professional conduct, must be reasonable.</p>
<p>I am sure there have been cases where a client only ends up with 20% of the award in his or her pocket, though. The reason? The client is responsible for out-of-pocket expenses, which in complex cases with low payoffs can include a lot of money spent on expert witnesses. Should that be considered the lawyer&#8217;s fee, or something for which the lawyer is responsible?</p>
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		<title>By: Wedge</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115085</link>
		<dc:creator>Wedge</dc:creator>
		<pubDate>Fri, 26 Oct 2007 00:20:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115085</guid>
		<description>The best way to take care of lawsuits in the U.S. is simple: Force the loser to pay the court and legal costs of both parties. That's how it works in the UK. Think of it: no more John Edwardses.</description>
		<content:encoded><![CDATA[<p>The best way to take care of lawsuits in the U.S. is simple: Force the loser to pay the court and legal costs of both parties. That&#8217;s how it works in the UK. Think of it: no more John Edwardses.</p>
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		<title>By: wjk</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115078</link>
		<dc:creator>wjk</dc:creator>
		<pubDate>Thu, 25 Oct 2007 23:47:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115078</guid>
		<description>they got to change the law, so that medical malpractice is capped just like in Europe.

I heard 3 things.

Unconfirmed.  Plaintiff only wins 20% of the award to take home.  80% to the lawyer.

Europe has a cap and there's a specific set price for each.

Notes in the chart used to be a LOT shorter.  Now, a significant time is spent on making notes instead of time with the patient.

Gee, thanks, lawyers.

Trash like Jonathan Edwards and co deserve hell and fire and brimestone.  Remember, 80% of the award is to the lawyer.

If you really want National Healthcare in the US, then be fair.  Change the law so the lawman stops making money off of patients and doctors, and increases costs of healthcare for everyone.

Interesting factoid.

#1.  No party's Presidential candidate, Democratic nor Repulbican is talking malpractice reform.

#2.  George W. Bush is all for medical malpractice reform.  Yet another reason I like him.

#3.  Democratic Party reels in a huge lot from lawyers and their union.

Go to hell.  Make an honest buck.</description>
		<content:encoded><![CDATA[<p>they got to change the law, so that medical malpractice is capped just like in Europe.</p>
<p>I heard 3 things.</p>
<p>Unconfirmed.  Plaintiff only wins 20% of the award to take home.  80% to the lawyer.</p>
<p>Europe has a cap and there&#8217;s a specific set price for each.</p>
<p>Notes in the chart used to be a LOT shorter.  Now, a significant time is spent on making notes instead of time with the patient.</p>
<p>Gee, thanks, lawyers.</p>
<p>Trash like Jonathan Edwards and co deserve hell and fire and brimestone.  Remember, 80% of the award is to the lawyer.</p>
<p>If you really want National Healthcare in the US, then be fair.  Change the law so the lawman stops making money off of patients and doctors, and increases costs of healthcare for everyone.</p>
<p>Interesting factoid.</p>
<p>#1.  No party&#8217;s Presidential candidate, Democratic nor Repulbican is talking malpractice reform.</p>
<p>#2.  George W. Bush is all for medical malpractice reform.  Yet another reason I like him.</p>
<p>#3.  Democratic Party reels in a huge lot from lawyers and their union.</p>
<p>Go to hell.  Make an honest buck.</p>
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		<title>By: WangKon936</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115068</link>
		<dc:creator>WangKon936</dc:creator>
		<pubDate>Thu, 25 Oct 2007 19:09:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115068</guid>
		<description>I've been slapped with a frivilous lawsuit myself AND by a Korean nonetheless.  It's amazing how quickly assimilation works... :P</description>
		<content:encoded><![CDATA[<p>I&#8217;ve been slapped with a frivilous lawsuit myself AND by a Korean nonetheless.  It&#8217;s amazing how quickly assimilation works&#8230; <img src='http://www.rjkoehler.com/wp-includes/images/smilies/icon_razz.gif' alt=':P' class='wp-smiley' /></p>
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		<title>By: Simone_</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115040</link>
		<dc:creator>Simone_</dc:creator>
		<pubDate>Thu, 25 Oct 2007 09:14:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115040</guid>
		<description>I just now remembered, that last Tuesday while I was strapped to the table about to undergo a C-section, that some "official looking" person who I hadn't seen before (and wouldn't see again) popped her head around the curtain holding a clipboad, and asked me my name, and what kind of surgery I was to have...

I thought it was weird at the time - "Like, the doc's ready to go with the scalpel in her hand, and you have to ask me this?  WTF?" She was clearly double-checking...

All good though.</description>
		<content:encoded><![CDATA[<p>I just now remembered, that last Tuesday while I was strapped to the table about to undergo a C-section, that some &#8220;official looking&#8221; person who I hadn&#8217;t seen before (and wouldn&#8217;t see again) popped her head around the curtain holding a clipboad, and asked me my name, and what kind of surgery I was to have&#8230;</p>
<p>I thought it was weird at the time - &#8220;Like, the doc&#8217;s ready to go with the scalpel in her hand, and you have to ask me this?  WTF?&#8221; She was clearly double-checking&#8230;</p>
<p>All good though.</p>
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		<title>By: dogbertt</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115036</link>
		<dc:creator>dogbertt</dc:creator>
		<pubDate>Thu, 25 Oct 2007 08:55:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115036</guid>
		<description>I have never agreed with Iheartblueballs more than I have in this thread.

I'm even willing to recant and say the Borat movie was funny.</description>
		<content:encoded><![CDATA[<p>I have never agreed with Iheartblueballs more than I have in this thread.</p>
<p>I&#8217;m even willing to recant and say the Borat movie was funny.</p>
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		<title>By: iheartblueballs</title>
		<link>http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115034</link>
		<dc:creator>iheartblueballs</dc:creator>
		<pubDate>Thu, 25 Oct 2007 08:40:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.rjkoehler.com/2007/10/25/another-reason-i-thank-god-i-live-in-korea/#comment-115034</guid>
		<description>&lt;blockquote&gt;I’d rather have a society where people took responsibility for their own actions, rather than looking to sue someone every time they slip on a patch of ice.&lt;/blockquote&gt;

I agree completely.  And I would also rather have a society where corporations took responsibility for their own actions, rather than using cost/benefit statistical analysis to decide if it's cheaper to continue poisoning millions of people, or cheaper to pay off the lawsuits that result.

Unfortunately for both of us, there are always large gaps in both individual and corporate responsibility, and the legal system is there to hold both responsible.

A few frivolous lawsuits and some harmless warning labels are a small price to pay for the advantages of a legal system that gives the consumer a very real and accessible system to seek redress.  If you subtract the cost end (which comes primarily from the threat of lawsuits) of the cost/benefit analysis, what are you left with?  Zero incentive toward responsible business practices. 

I'm not a fan of a sue-first mentality, but I'm even less a fan of a system that would put severe restrictions on an individual's right to file a lawsuit, because the result would be even more disastrous.  The American legal system isn't perfect by any means, but it's actually very efficient in weeding out the frivolous and providing enough deterrents to the ice-slippers (contingency, lengthy appeals process, directed verdicts, summary judgment), so that it becomes very expensive and time-consuming to pursue a baseless suit.  Ask Brendon...lawyers aren't interested in spending thousands of hours on a contingency case unless there's some merit and very good likelihood of a payday involved.

&lt;blockquote&gt;Never heard of this, uh, widespread outbreak of incompetent doctors amputating healthy limbs. Want to enlighten me?&lt;/blockquote&gt;

The last report I read put the estimate at 100,000 Americans dying every year from preventable medical errors.

&lt;blockquote&gt;why can’t you write like this all the time?&lt;/blockquote&gt;

I'm tripping on shrooms and won't remember any of this tomorrow.

&lt;blockquote&gt;anyway, you forgot to mention that initially, the old lady just wanted mcdonalds to pay for her medical bills.&lt;/blockquote&gt;

You're right.  They could have settled for 20 grand and not had an ounce of bad publicity.  Instead McDonalds kept escalating, treated the woman unbelievably callously, and ultimately were found liable because evidence was presented that they knew about the problem for a decade yet refused to do anything about it despite a long history of settling lawsuits with scalded customers (more than 700 if I remember correctly).

That old lady and her lawsuit actually forced McDonalds to make changes to their business practice that prevented thousands of future injuries to consumers.  Yet it was painted as "frivolous" and an example of a legal system gone mad.  Simply mind-boggling.</description>
		<content:encoded><![CDATA[<blockquote><p>I’d rather have a society where people took responsibility for their own actions, rather than looking to sue someone every time they slip on a patch of ice.</p></blockquote>
<p>I agree completely.  And I would also rather have a society where corporations took responsibility for their own actions, rather than using cost/benefit statistical analysis to decide if it&#8217;s cheaper to continue poisoning millions of people, or cheaper to pay off the lawsuits that result.</p>
<p>Unfortunately for both of us, there are always large gaps in both individual and corporate responsibility, and the legal system is there to hold both responsible.</p>
<p>A few frivolous lawsuits and some harmless warning labels are a small price to pay for the advantages of a legal system that gives the consumer a very real and accessible system to seek redress.  If you subtract the cost end (which comes primarily from the threat of lawsuits) of the cost/benefit analysis, what are you left with?  Zero incentive toward responsible business practices. </p>
<p>I&#8217;m not a fan of a sue-first mentality, but I&#8217;m even less a fan of a system that would put severe restrictions on an individual&#8217;s right to file a lawsuit, because the result would be even more disastrous.  The American legal system isn&#8217;t perfect by any means, but it&#8217;s actually very efficient in weeding out the frivolous and providing enough deterrents to the ice-slippers (contingency, lengthy appeals process, directed verdicts, summary judgment), so that it becomes very expensive and time-consuming to pursue a baseless suit.  Ask Brendon&#8230;lawyers aren&#8217;t interested in spending thousands of hours on a contingency case unless there&#8217;s some merit and very good likelihood of a payday involved.</p>
<blockquote><p>Never heard of this, uh, widespread outbreak of incompetent doctors amputating healthy limbs. Want to enlighten me?</p></blockquote>
<p>The last report I read put the estimate at 100,000 Americans dying every year from preventable medical errors.</p>
<blockquote><p>why can’t you write like this all the time?</p></blockquote>
<p>I&#8217;m tripping on shrooms and won&#8217;t remember any of this tomorrow.</p>
<blockquote><p>anyway, you forgot to mention that initially, the old lady just wanted mcdonalds to pay for her medical bills.</p></blockquote>
<p>You&#8217;re right.  They could have settled for 20 grand and not had an ounce of bad publicity.  Instead McDonalds kept escalating, treated the woman unbelievably callously, and ultimately were found liable because evidence was presented that they knew about the problem for a decade yet refused to do anything about it despite a long history of settling lawsuits with scalded customers (more than 700 if I remember correctly).</p>
<p>That old lady and her lawsuit actually forced McDonalds to make changes to their business practice that prevented thousands of future injuries to consumers.  Yet it was painted as &#8220;frivolous&#8221; and an example of a legal system gone mad.  Simply mind-boggling.</p>
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