The Civil War slowed medical malpractice suits

October 2, 2012
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Doctors who think people have never been more litigious than they are today can take heart in knowing that people sued their physicians just as much in the 1850s.

This is what Terre Haute attorney Michael J. Sacopulos discovered after months of research. Now, he’s going to a conference for the National Museum of Civil War Medicine to talk about his findings.

Sacopulos and Dr. David A. Southwick, chief of staff at Union Hospital in Terre Haute, are traveling to Maryland this weekend to present on “Effects of the Civil War upon Medical Malpractice Litigation in the United States.” This year marks the 150th anniversary of the Battle of Antietam – the bloodiest one-day battle in American history.

Medical professionals have said they think right now is the worst it’s ever been for doctors as far as medical malpractice lawsuits, which led Sacopulos to do a little digging into the history of medical malpractice suits. Sacopulos, a partner at Sacopulos Johnson & Sacopulos, works with physicians to develop strategies and techniques to avoid medical liability claims.

Sacopulos and Southwick turned to the Internet, as well as books and interviews with medical historians, to find that doctors are about as likely to be sued in the 1850s as they are today.

Most of the cases dealt with orthopedic injuries. Plaintiffs argued that the doctor didn’t do a good job either setting broken bones or performing amputations. Back then, medicine was not standardized and anesthesia was still relatively new. Germs and antibiotics weren’t even considered.

Sacopulos said that with some of the quotes he found from doctors in these old cases, you couldn’t tell if someone was saying them today or 160 years ago. The sentiment from physicians was the same: Lawyers are suing us out of business.

 Even if the prevalence of medical malpractice suits hasn’t changed much now as compared to the 1850s, the outcomes tend to favor doctors more these days. Based on his research, Sacopulos said it appeared as though plaintiffs won more cases 160 years ago.

After the Civil War, there was a decrease in medical malpractice claims across the country. Sacopulos attributes this to the standardization of medicine.

This conference isn’t Sacopulos’ first entry into Civil War-era legal history. Sacopulos wrote an article several years ago about President Abraham Lincoln being a medical malpractice defense attorney in Indiana and Illinois, which is how he caught the attention of the museum.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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