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	<title>Comments for The New York Medical Malpractice Law Blog</title>
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	<link>http://www.thenewyorkmedicalmalpracticelawblog.com</link>
	<description>An overview of New York medical malpractice, products liability and personal injury law, and the news that affects it</description>
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		<title>Comment on Why HP and Lawyers Don&#8217;t Mix by David Silverman</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/why-hp-and-lawyers-dont-mix/comment-page-1/#comment-742</link>
		<dc:creator>David Silverman</dc:creator>
		<pubDate>Fri, 05 Feb 2010 15:36:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=707#comment-742</guid>
		<description>Had a similar problem with an HP notebook during first year of law school.

I got to the third round of sending, adn re-sending mine to Texas.  Sent many letters and emails (one even tot he President of HP); and, I was finally connected with a tech support person... from Canada.

This time, instead of my sending back the notebook for the third time, he sent me a hard-drive, and walked me through the repair.

This was four years ago, the notebook worked for a few months after that, and it broke again.  At that point, the warranty lapsed, and they wouldn&#039;t take it back.

Finally, I simply cracked-open the warranty-less paperweight, discovered the fan had been fried, and replaced it.  That fixed the problem.

In the end, for me I felt like I was on the tip of an iceberg of a products case where the central component was a design defect (putting an AMD processor in a box with a fan that couldn&#039;t cool it enough, and thereby costing the consumers countless dollars in time and repair costs).

Simply put, HP doesn&#039;t design laptops very well, and they could never seem to get the hang of cooling a box down enough to make sure a hard-drive doesn&#039;t melt.

And I went to school to learn the law, not computers.</description>
		<content:encoded><![CDATA[<p>Had a similar problem with an HP notebook during first year of law school.</p>
<p>I got to the third round of sending, adn re-sending mine to Texas.  Sent many letters and emails (one even tot he President of HP); and, I was finally connected with a tech support person&#8230; from Canada.</p>
<p>This time, instead of my sending back the notebook for the third time, he sent me a hard-drive, and walked me through the repair.</p>
<p>This was four years ago, the notebook worked for a few months after that, and it broke again.  At that point, the warranty lapsed, and they wouldn&#8217;t take it back.</p>
<p>Finally, I simply cracked-open the warranty-less paperweight, discovered the fan had been fried, and replaced it.  That fixed the problem.</p>
<p>In the end, for me I felt like I was on the tip of an iceberg of a products case where the central component was a design defect (putting an AMD processor in a box with a fan that couldn&#8217;t cool it enough, and thereby costing the consumers countless dollars in time and repair costs).</p>
<p>Simply put, HP doesn&#8217;t design laptops very well, and they could never seem to get the hang of cooling a box down enough to make sure a hard-drive doesn&#8217;t melt.</p>
<p>And I went to school to learn the law, not computers.</p>
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		<title>Comment on Medical Malpractice Caps Are Ill-Advised.Tort &#8220;Reform&#8221; Hurts. by Andrew J. Barovick</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/medical-malpractice-caps-are-ill-advisedtort-reform-hurts/comment-page-1/#comment-718</link>
		<dc:creator>Andrew J. Barovick</dc:creator>
		<pubDate>Tue, 19 Jan 2010 20:12:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=688#comment-718</guid>
		<description>I agree with you. As if it isn&#039;t hard enough to get a good med mal lawyer to take your case because of the thorough vetting that most of us have to do, the caps mean that if and when you get a favorable verdict, legislators, and not your jury, have the ultimate say about its amount.

Furthermore, unless you are hell bent on driving yourself broke, &quot;frivolous&quot; and &quot;medical malpractice cases&quot; just don&#039;t go together.  Obviously, if it is a &quot;frivolous,&quot; or meritless case, no thinking med mal attorney is going to take it, because he will be throwing his money down the drain.

To me, all of this has the same &quot;logic&quot; as the folks who repeat, mantra-like, that there can be no healthcare reform whithout tort reform.  Tort reform refers to a legal process, while reforming the healthcare system has to do with just that--healthcare.  Making healthcare available to all at a reasonable price, and making sure that it is of good quality, are admirable goals, but ones which have nothing to do with tort &quot;reform.&quot;  But for many, repetition seems to make it true.  And unfortunately, the GOP knows this.</description>
		<content:encoded><![CDATA[<p>I agree with you. As if it isn&#8217;t hard enough to get a good med mal lawyer to take your case because of the thorough vetting that most of us have to do, the caps mean that if and when you get a favorable verdict, legislators, and not your jury, have the ultimate say about its amount.</p>
<p>Furthermore, unless you are hell bent on driving yourself broke, &#8220;frivolous&#8221; and &#8220;medical malpractice cases&#8221; just don&#8217;t go together.  Obviously, if it is a &#8220;frivolous,&#8221; or meritless case, no thinking med mal attorney is going to take it, because he will be throwing his money down the drain.</p>
<p>To me, all of this has the same &#8220;logic&#8221; as the folks who repeat, mantra-like, that there can be no healthcare reform whithout tort reform.  Tort reform refers to a legal process, while reforming the healthcare system has to do with just that&#8211;healthcare.  Making healthcare available to all at a reasonable price, and making sure that it is of good quality, are admirable goals, but ones which have nothing to do with tort &#8220;reform.&#8221;  But for many, repetition seems to make it true.  And unfortunately, the GOP knows this.</p>
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		<title>Comment on Medical Malpractice Caps Are Ill-Advised.Tort &#8220;Reform&#8221; Hurts. by Texas Life Insurance Lawyer</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/medical-malpractice-caps-are-ill-advisedtort-reform-hurts/comment-page-1/#comment-717</link>
		<dc:creator>Texas Life Insurance Lawyer</dc:creator>
		<pubDate>Tue, 19 Jan 2010 19:49:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=688#comment-717</guid>
		<description>I have never understood the logic of using caps as a method of weeding out &quot;frivolous&quot; med mal cases.  The caps only impact the strong cases, not the dogs.</description>
		<content:encoded><![CDATA[<p>I have never understood the logic of using caps as a method of weeding out &#8220;frivolous&#8221; med mal cases.  The caps only impact the strong cases, not the dogs.</p>
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		<title>Comment on Texting and Walking: Who&#8217;s the Clown Now? by Michael Young</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2010/01/texting-and-walking-whos-the-clown-now/comment-page-1/#comment-716</link>
		<dc:creator>Michael Young</dc:creator>
		<pubDate>Tue, 19 Jan 2010 19:47:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=749#comment-716</guid>
		<description>I found that article interesting as well.  It seems to me that texting while driving is potentially more hazardous than drinking and driving.  At least the drunk is likely looking at the road, albeit with reduced reflexes.  The texter on the other hand simply is inattentive to where the car is headed.</description>
		<content:encoded><![CDATA[<p>I found that article interesting as well.  It seems to me that texting while driving is potentially more hazardous than drinking and driving.  At least the drunk is likely looking at the road, albeit with reduced reflexes.  The texter on the other hand simply is inattentive to where the car is headed.</p>
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		<title>Comment on Shared Your Genital Herpes?Prepare To Give Blood. by Maryland Divorce Lawyer</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2010/01/shared-your-genital-herpesprepare-to-give-blood/comment-page-1/#comment-711</link>
		<dc:creator>Maryland Divorce Lawyer</dc:creator>
		<pubDate>Thu, 14 Jan 2010 21:02:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=744#comment-711</guid>
		<description>I sure hope people have the common decency to do the right thing in this type of situation... People who are negligent with these kinds of scenarios deserve to be punished.
-Jack</description>
		<content:encoded><![CDATA[<p>I sure hope people have the common decency to do the right thing in this type of situation&#8230; People who are negligent with these kinds of scenarios deserve to be punished.<br />
-Jack</p>
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		<title>Comment on Did FDR&#8217;s Doctors Commit Medical Malpractice? by Maryland Divorce Lawyer</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2010/01/did-fdrs-doctors-commit-medical-malpractice/comment-page-1/#comment-710</link>
		<dc:creator>Maryland Divorce Lawyer</dc:creator>
		<pubDate>Thu, 14 Jan 2010 20:55:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenewyorkmedicalmalpracticelawblog.com/?p=739#comment-710</guid>
		<description>Interesting graphics on the NY Times link. Sure looks to me like melanoma was quite the possibility. The doctor was probably disgruntled he had been reelected for his 4th term.
~Jack</description>
		<content:encoded><![CDATA[<p>Interesting graphics on the NY Times link. Sure looks to me like melanoma was quite the possibility. The doctor was probably disgruntled he had been reelected for his 4th term.<br />
~Jack</p>
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