I was talking recently with a counselor when two subjects came up. First, we talked a little about the job I recently left. We talked about the sadness I feel over leaving this job that I really cared about and was a big success at. We talked about the harassment and hostile work environment that had been created by an inexperienced, incompetent person who was promoted to a job that gave her a lot of power over all the employees there. The counselor asked me if I planned to sue the organization.
We also talked about the long ordeal I went through trying to convince two different orthopedic surgeons that there was a problem with the bolts that had been implanted in my leg to hold my tibia together following a horrific car accident. I knew that one of the bolts had been implanted with a little too much enthusiasm, and that it was sticking out from the inside of my bone. I knew it because a year and half later, one spot on the side of my knee was still swollen, discolored, extremely painful, and hot to the touch. Not to mention that I could actually feel a hard lump that wasn't on my other knee, and hadn't been there before the repair. I finally convinced a surgeon to do an MRI and on reading the results was told "You're absolutely right". He removed the bolts and six months later I have had great results. The counselor asked me if I planned to sue the surgeon who installed the bolts.
I was shocked by both questions. In the first instance, my employment, I have good documentation and witnesses to the abuse. I could probably win a lawsuit and walk away with a tidy sum in my pocket. I even know an attorney who wouldn't rob me blind in the process. But the real losers would be the kids. I've working in the non-profit field for about ten years, most recently at a school. It isn't a rich school and if I sued, the school would suffer a tremendous burden. The kids would suffer and these aren't kids who can just choose to go to another school. Although I miss my job, the talented people I worked with, and the fantastic kids and their families, I am myself talented at what I do and, when I'm ready, will have no trouble finding another rewarding place to help people. Why would I damage the great people and kids there in order to punish the two people who deserve it?
In the second instance, I could probably sue. I've read the "standard of care" guidelines for the type of repair done to my leg and the guidelines provided by the company that manufactures the bolts used in my leg. They both warn about the dangers of implanting these bolts too far into the bone, and specifically address the problem I had. But to sue?? The surgeon who put this hardware in my knee saved my leg. It is because of his many years of dedicated training and his experience and skill that I am able to walk today, that I have little or no pain in the horribly damaged joint. I am so grateful for his work. Yes I had a problem because the bolts were implanted too far. But the problem was identified and fixed. I am so lucky! Why would I damage this dedicated professional who did everything possible to create the best possible outcome for my injury?
I told the counselor both of these stories. I told her - "Hey, if I went in to have a boil removed from my butt and came out having had my kidney removed hell yes I would sue". But I was not permanently damaged by either of these problems. I will continue in my career of choice. I will walk. For me to sue would be punitive, it would be mean spirited. It would be morally wrong.
I don't know if anyone has a solution for the lawsuit craze in this country. I have a fantasy whereby, if a suit is brought and found to be frivolous, the attorney who agreed to take the case would be fined in a robust manner. And that his fine would be paid to the folks who were injured by the case, not to the court or to some nebulous fund that would be eaten away at by administrative fees. Just my fantasy.Labels: accident, law, medicine |
