The mad US legal system

June 4th, 2012 at 2:27 pm by David Farrar

The Telegraph reports:

William Martinez, 31, a married father of two from Georgia, engaged in the threesome with a friend and another woman who was not his wife, according to reports, when he died in March 2009, according to The Atlanta Journal-Constitution.

The week before Martinez had reportedly visited the CardioVascular Group in Lawrenceville, complaining of chest pains that shot up his arm.

He was due for tests the following week but the threesome took place the day before he was scheduled to return.

Lawyers for Martinez’s estate, in filing a medical malpractice suit, had argued that his cardiologist did not tell the man to avoid strenuous physical activity before the test was performed, and that high blood pressure as well as a risk of clogged arteries put him at risk.

Jurors at a Gwinnett County court on Tuesday awarded his estate $5 million but they reduced it to $3m after finding him 40 per cent liable for his own death.

I wonder if he would have been only 20% liable if he had been bonking just one woman?

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15 Responses to “The mad US legal system”

  1. Adolf Fiinkensein (2,903 comments) says:

    I’m still trying to figure out how you get chest pains in your arm.

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  2. Viking2 (11,488 comments) says:

    complaining of chest pains that shot up his arm.

    that’s how. When ya get rush off to the Doc quick.

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  3. PaulL (5,987 comments) says:

    engaged in the threesome with a friend and another woman who was not his wife

    My assumption was that the friend was male, and the woman was not his wife (which is bad news from his wife’s perspective I guess, but then again, at least she’s not in the newspapers having a threesome). But the third party is described as “another woman” so perhaps they were both women.

    Seems young to have a heart attack.

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  4. infused (656 comments) says:

    Need pics or it didn’t happen.

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  5. louie (96 comments) says:

    Don’t forget it is the left leaning lawyers who have prevented all attempts to reform this stupid system.

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  6. orewa1 (410 comments) says:

    If you’re about to cark from a premature heart attack, wouldn’t you want to fulfil one of your life’s great fantasies? All power to you, Bill – RIP with a huge smile.

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  7. tas (625 comments) says:

    In the US all doctors have malpractice insurance that covers legal costs and the cost of damages. The annual cost can exceed US$100,000. (That’s the high end; it varies by speciality and state.) And the chance of being sued over the course of a doctor’s career is fairly high (over 50% depending on speciality).

    That cost is passed on to patients. And obviously it makes being a doctor less attractive, so doctors demand higher wages. The legal aspects of healthcare are a big problem in the US.

    Of course, in New Zealand we are told that the US’ medical problems stem not from stupid laws, but from the nefarious unregulated free market.

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  8. Ricardo (54 comments) says:

    Must have been on William’s fuckit list.

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  9. BlairM (2,341 comments) says:

    I don’t see the problem. The doctor did not give the correct advice to the patient. The patient died. The doctor is liable. The doctor gets sued and loses. That’s how it should work. Individual responsibility. The man was 31 years old, so the amount does not seem unreasonable.

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  10. Chuck Bird (4,895 comments) says:

    It sounds like the doctor is a very honest man. You would have thought he would have I told me something like not do anything too strenuous or something. I do not think it should be up to the doctor to give him a list of activities he should not partake in.

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  11. RRM (9,933 comments) says:

    Something bad happened to me – this must be some other incompetent bastard’s fault.

    God bless America… :-)

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  12. Chuck Bird (4,895 comments) says:

    There are two extremes. One is in the US where people will sue with very little justification. The other is NZ where a person can die or have the wrong limb or breast removed and if you get compensation with ACC it is pitiful.

    It would make sense to dump ACC but have sensible limits and insist on real negligence.

    The reality is that if the guy had of just bonked is wife he probably would have been all right. Want should advise should the doctor had of given him?

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  13. Pauleastbay (5,035 comments) says:

    No, Blair sorry

    It was god, here was this chap intercoursing for purposes other than procreation and he was struck down, his loathsome lusting caused this, I have no doubt that just prior to his demise he was considering some homosexualting as well so actually it wasn’t even gods fault it was the homo’s..again… (excerpt from NZ Conservative)

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  14. PaulL (5,987 comments) says:

    No, I reckon every time you visit a doctor they should give you a list of activities you shouldn’t partake in.

    So, go in with some suspicion of cardio issues, they should say:
    1. Sex with wife, probably OK, so long as she’s on top, and so long as it lasts no more than 3 minutes. And not too much exertion from you – make sure she does all the work
    2. Sex with someone other than your wife, probably OK, but since she’s presumably new and a hottie, might push up the blood pressure a bit. So go easier on the exertion, suggest you have her wear unattractive clothes.
    3. Sex with 2 or more people at a time, definitely not OK.
    4. Sex with animals, OK if they’re already tied up, but if you have to chase them first, definitely not on
    5. Homosexual sex OK if you’re the pillow biter

    I think this should clearly be a standard part of any GP consultation. :-)

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  15. berend (1,711 comments) says:

    To give some context: tort reform has been a key Republican platform. But the Dems, heavily subsidises by lawyers, don’t want this. As even a complete Republican president, senate and house didn’t do anything about this, we can assume it never will happen.

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