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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  • victim of medical malpractice in 2010.
    I never filed a law suite. I had no money for a lawyer. In 2010 I presented for MRI/with contrast. The technician stuck my left arm three times with needle to inject dye. I was w/out O2 for two minutes, not breathing, no ambulance was called. I suffered an Embolism ,Myocardia infarction. Permanent memory loss, heart damage. After the event, I could not remember what I did five seconds earlier. I had no-one to help me. I lost my dental hygiene career, been homeless, etc.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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