[Felvtalk] FW: Felvtalk Digest, Vol 30, Issue 10

Thu Oct 6 16:47:35 CDT 2016

well you get a big hug from this senior crazy cat lady - guess your husband too 

Sandy W 
----- Original Message -----

From: "Amani Oakley" <aoakley at oakleylegal.com> 
To: felvtalk at felineleukemia.org 
Sent: Thursday, October 6, 2016 5:34:31 PM 
Subject: Re: [Felvtalk] FW: Felvtalk Digest, Vol 30, Issue 10 

Thanks Sandy. I was always a passionate sort, and yes, I love and understand science deeply. I was extremely fortunate in that the high school I attended actually had 4 years of courses in Microbiology – an entirely unique programme for that level of education. I had a wonderful Microbiology teacher with whom I still remain in contact, and I met so many of my still-current friends in the “Micro lab”. We used to hang around there after school, to work on microbiology projects. I met my husband there. 

Many of my “Micro” friends went on to take Sciences and Microbiology in University, as did my husband and I, since we were so inspired by the subject in high school. After spending a decade working in hospital labs, my big mouth caused me to decide to go into law, since I was already the spokesperson for my coworkers and sat on a number of hospital committees. Now, I like to believe that my combination of medicine and law makes me (and my husband) a serious threat in medical malpractice actions. I can’t tell you the number of times a doctor has given me a nonsensical answer in a discovery (equal to an American deposition) and I have been able to fire back because I understand EXACTLY what he has just said and that it is a ridiculous answer. Normally, medical gobblydegook sounds sophisticated and most of the time, doctors can get away saying stuff by dressing it up with medical terminology. Doesn’t work with me. 

Amani 

From: Felvtalk [mailto:felvtalk-bounces at felineleukemia.org] On Behalf Of Sandy 
Sent: October-06-16 5:07 PM 
To: felvtalk at felineleukemia.org 
Subject: Re: [Felvtalk] FW: Felvtalk Digest, Vol 30, Issue 10 

OH MY GOSH! Amani - I look at the science background you present - I believe I can feel your passion for the scientific workings - which if I'm not mistaken is what your original profession arena is based upon. I look at the "lawyer" part of you as having the ability to use proper wording and presentation to get points across with the least amount of excess wording that muddies the water. 

Thank you for your willingness to share 

Sandy W 

----- Original Message -----

From: "Amani Oakley" < aoakley at oakleylegal.com > 
To: felvtalk at felineleukemia.org 
Sent: Thursday, October 6, 2016 4:48:05 PM 
Subject: [Felvtalk] FW: Felvtalk Digest, Vol 30, Issue 10 

I would be happy to give an inside look at the life of a lawyer, since few people have any idea what we do or how we do it. 

I feel the need to explain that, first, it is not true that every medication is the basis of a lawsuit. Second, no lawyer would ever bring such litigation forward without some very very solid evidence of problems with the medicine because - and I don’t think you are seeing this - IT IS THE LAWYER WHO HAS TO PAY HUNDREDS OF THOUSANDS OF HIS/HER OWN MONEY to fund the litigation. Would YOU bet $100,000 or $200,000 or $500,000 of your own money (NOT counting thousands and thousands of hours of unpaid work), if you weren’t convinced there was sufficient and strong enough evidence to win a case? These cases run for a minimum of 5-7 years, so would you pour in hours and hours of unpaid time, PLUS hundreds of thousands of dollars of your own money, on something with no basis in fact??? 

I seriously doubt it. I also don’t know of any other profession where you are expected to put such significant sums of your own money and your own unpaid time on the line, for the sake of a client's case, and to run the case for years and years - unpaid - for the chance to perhaps win in court. The court battle is always tilted in favour of the big guys (corporate entities, doctors' professional protection associations, insurance companies). They have unlimited resources, teams of lawyers, etc., etc. My firm is just me and my husband. 

In medical malpractice actions in Canada, I can tell you that the statistics are that for every 10 medical malpractice actions that actually make it into the court room (many are dismissed on technicalities), NINE are decided in favour of the doctors. Moreover, in Canada, the doctors don’t pay ANYTHING for their defence - it is covered by government rebates to the physicians for 85% of their insurance premiums. And the news is even worse than that. For the one in ten cases that are actually won by an injured patient, the doctor will invariably appeal and most of the cases where a patient wins, are reversed on appeal anyway, so the patient who is successful in trial almost always loses at appeal. 

ALL OF THAT MONEY, to fund the litigation, hire the necessary experts, bring the required motions to court, etc., is underwritten by the medical malpractice lawyer. 

Your enemy is NOT the trial lawyer. You have been fed a bill of goods by insurance companies. Look into it in any detail and you will see what I mean. 

Now, may I please ask everyone to please leave my current profession out of this. I am happy to share my information and experience with everyone, and believe I have been quite generous in doing so. What started all this was a suggestion that the reason my vets give me Winstrol is because they are scared of me as a lawyer. I do not believe that to be true, and you should ask yourself if you are paying attention to my suggestions because I am a lawyer. Since I am pretty sure that is not the reason, then I would ask that you recognize that my vets also have been good enough to listen to me because I am quite up-to-speed on science and medicine, and can interpret blood work like nobody's business. Additionally, I think Margo's observation is bang on: if vets were afraid I would sue them, they would never ever try something "off-label" or experimental with me. As Margo suggested, anyone afraid of litigation will do everything "by the book". Moreover, as I have pointed out, I have developed my relationship with my vets for literally decades, and well before I became a lawyer. I frankly think they are far more impressed with my ability to speak with them at the same level when it comes to medical issues, then they are scared of me turning around and suing them. I do not have a relationship of fear with my vets. 

Amani 

-----Original Message----- 
From: dlgegg at windstream.net [ mailto:dlgegg at windstream.net ] 
Sent: October-06-16 10:01 AM 
To: felvtalk at felineleukemia.org 
Cc: Amani Oakley 
Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 

Just klook at the ads on tv. every medication that comes on the market is now being sued. Someone asked me why? Lawyers who do these things smell a handsome profit and snese that there is abasis for these suits 

---- Amani Oakley < aoakley at oakleylegal.com > wrote: 
> You are correct Margo. No vet would consider experimenting if he thought his client might blame him later for things going wrong. But again, that presumes that a whole lot of people seriously misunderstand the realities of litigation and have bought the insurance companies' spin that there are all these crazy people who will sue at the drop of a hat. Sadly, that is probably true. 
> 
> Amani 
> 
> 
> -----Original Message----- 
> From: Felvtalk [ mailto:felvtalk-bounces at felineleukemia.org ] On Behalf 
> Of Margo 
> Sent: October-05-16 6:21 AM 
> To: felvtalk at felineleukemia.org 
> Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 
> 
> 
> Funny, my thought was that a Vet would be LESS likely to try anything even slightly out of the norm with a potentially litigious client. That they would go strictly "by the book" in order to be able to defend what they did, should here be a problem. 
> 
> But then, there are Vets and there are VETS. "My" Vet has her last day 
> at the practice Friday for maternity leave, and won't be back until 
> January. I have no idea what I'll do. She says she'll be available by 
> phone and email, but I have my doubts. Although I DO think she'll be 
> bored ;) 
> 
> Margo 
> 
> -----Original Message----- 
> >From: ROBERT CHAPEL < bchapel at optonline.net > 
> >Sent: Oct 4, 2016 9:03 PM 
> >To: felvtalk at felineleukemia.org 
> >Subject: Re: [Felvtalk] Felvtalk Digest, Vol 30, Issue 10 
> > 
> >Amani... 
> >I don't know how things work in Canada but I KNOW that were I a 
> >lawyer I would get more cooperation from my vet.... As Vets begin to 
> >charge more and more and large corporations begin to buy up small 
> >practices here in the states the model is now moving toward the 
> >downside of human medicine.... discrete scheduling time periods to maximize profits... 
> >little time to " discuss" options and an aversion to moving on to 
> >topics that could cause spending extra time..... As prices rise so 
> >do owner resentments at not being " cared about" or listened to just 
> >as in human medicine..... and that( at least in the US) is when 
> >lawsuits are most likely to be filed.... Most of us can forgive a vet 
> >making a mistake when we feel he/she has put real thought and concern 
> >into a Tx plan but putting our pets at risk because an alteration in 
> >plan causes him to have to step outside his comfort zone( and spend 
> >some extra time 
> >thinking) or simply doesn't appear to care.. That doesn't fly when we 
> >are paying Hundreds of dollars to save our precious pets.. 
> >Malpractice lawyer pet owners ( or patients in human medicine) are 
> >likely surreptitiously treated with great care when moving through 
> >waters fraught with potential for terminal errors..... and likely get 
> >a bit more cooperation from their vets... I am glad for your cats 
> >that you ARE in the profession that you now are... 
> >So... it is , in my opinion, both good fortune and a dose of 
> >deferential caution that gets you the kind of cooperation you get 
> >from your vet???? Yeah.... I'm pretty jaded at this point : ) That 
> >is why I HAD to retire a bit early.... 
> > 
> > 

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