Suing People!

Discussion in '2003 Archive' started by Gina B, Jul 23, 2003.

  1. Gina B

    Gina B
    Expand Collapse
    Active Member

    Joined:
    Dec 30, 2000
    Messages:
    16,944
    Likes Received:
    1
    It seems that people sue over everything now. I've always thought I would never do it, but now I'm seriously considering it on behalf of my daughter for a medical diagnosis recently where the written report from the dr. showed beyond a shadow of a doubt that he's a moron and performed his examination inadequately then used the inaccurate information he gained in this way to complete his records on her and determine her diagnosis.
    I've had reason before to sue and refused, thinking what's done is done and it wouldn't do any good to bother, apart from getting money, which just isn't something I'm concerned over. (yeah it would be nice to have but I just really don't care unless we're starving or something, call me weird). It just wouldn't change what was done wrong.
    But now I'm angry, and upset that because of this my daughter will have to go to yet another doctor. She's sick and tired of it, and I don't blame her. In this case no it wouldn't change that he did this, but it might change how he treats other patients in the future. In the situation I refused to sue in before the person acknowledged their error and it was understandable.
    What do you think of suing people for stuff like this? Should we? Would it be wrong NOT to if you think it would help others?
    And how serious can most courts take these kind of suits anyhow when people sue for spilling hot coffee on themselves and other ridiculous things?
    If I go slap the guy around for doing this can I be sued too? :eek: The way I feel right now I would probably pay just for the privilege of doing that!
    Gina
     
  2. USN2Pulpit

    USN2Pulpit
    Expand Collapse
    New Member

    Joined:
    Mar 19, 2003
    Messages:
    1,641
    Likes Received:
    0
    In my opinion, not all lawsuits are the same. Some suits are brought about simply for a decision, not for monetary/compensatory purposes. For instance, when two parties disagree as to the provisions of a contract or agreement, and one or both parties resist arbitration, then a party may bring suit for the state or federal courts to decide on the matter.

    I think in some cases, it is entirely proper to seek legal redress, if your purposes are not for gain.
     
  3. Matt Black

    Matt Black
    Expand Collapse
    New Member

    Joined:
    Feb 25, 2003
    Messages:
    9,141
    Likes Received:
    0
    Hmm..tricky one this! I definitely have to declare an interest here; as a bloodsucking lawyer I would have to say yes :D , but as a responsible Christian lawyer I generally try and dissuade clients from this course of action - it's a lot of heartache, you tend to throw good money after bad and the only people guaranteed to benefit are the lawyers. We also increasingly live in a litigious culture and a climate of critiscism (Americans more than the Brits I think although we're catching up fast). There are also side issues to this like Paul's injunction concerning lawsuits in I Cor (yes I know that is about suing other Christians but I believe there are principles to be followed there).

    That said, sometimes litigation is necessary, IMO as a last resort or to protect the rights of the vulnerable. I can't really give advice on individual cases such as your daughter's, but I wouldn't blame you if you felt you had no option other than to litigate - it sounds like she's had a pretty raw deal. If however your motive is to try and prevent the Dr from messing up others, what about a formal complaint to his professional governing body (I don't know whether you have such an animal in the States, but we have the General Medical Council who investigate allegations of incompetence or misconduct) - that approach may be more appropriate for you, I don't know.

    Yours in Christ

    Matt
     
  4. Johnv

    Johnv
    Expand Collapse
    New Member

    Joined:
    Oct 24, 2001
    Messages:
    21,321
    Likes Received:
    0
    I've encouraged people to use small claims court to resolve their differences, when all other forms of resolution have been exhausted. There comes a point where allowing a wrong to go unrighted would be equivalent to participating in the wrong. As a Christian, we should not participate in a wrong.

    I encouraged an ex-girlfriend to sue a car wash when they broke her antenna (it had been retracted, but the attendent pulled it back out). She won $150.00, the cost of having the antenna replaced.

    I encouraged a friend of mine to sue a mechanic who took $700.00 from my friend, and did not do the work promised. He won the $700.00, plus was awarded $300.00 in punitive damages.

    The courts, especially small claims courts, are there for resolving differences that cannot be otherwise resolved. It's not inappropriate to utilize them.
     
  5. j_barner2000

    j_barner2000
    Expand Collapse
    New Member

    Joined:
    Jan 13, 2003
    Messages:
    888
    Likes Received:
    0
    My personal opinion is that Paul was dealing with Christians. First step should be to notify the doctor that you believe he was negligent/incompetent. (again, my opinion) Then go ahead and do what is nessesary to warn others that he may not be the best practitioner of medicine. If lawsuit is needed then do it.
     
  6. blackbird

    blackbird
    Expand Collapse
    Administrator
    Administrator

    Joined:
    Feb 21, 2002
    Messages:
    11,898
    Likes Received:
    2
    Gina! Gina! Gina! Where is your church membership, FBC of Corinth?? Sister, let me encourage you to examine 1 Corinthians 6: 1-7 and then let the Holy Spirit examine your heart! Clearly the word teaches believers that it is better to be "defrauded" than to drag another person into a court! Even if you know beyond a shadow of a doubt that you are right and the doctor is wrong! Just suppose, just suppose--you drag the "lame brain" into court and you win and he has to cough the "bula-bula" up--but years down the line when the storm passes for the doctor--and he just so happens to out of the blue attend a crusade where you are on the stage singing your heart out(hypothethically situated here!!)and he sees you and says, "Oh, but NO! That believer took me to the cleaners and now she's up there praisin'??????? Forget that!!" Then what do you do?????

    Even if you are right--the word says to take the wrong!!

    Your buddy,
    Blackbird
     
  7. Johnv

    Johnv
    Expand Collapse
    New Member

    Joined:
    Oct 24, 2001
    Messages:
    21,321
    Likes Received:
    0
    Clearly the word teaches believers that it is better to be "defrauded" than to drag another person into a court!

    But that would be enabling, and allowing, another person to do wrong, not just to you, but potentially to another. By that reckoning, Ron Goldman was wrong to sue OJ Simpson in civil court.
     
  8. ScottEmerson

    ScottEmerson
    Expand Collapse
    Active Member

    Joined:
    Jun 3, 2002
    Messages:
    3,417
    Likes Received:
    0
    He was wrong. Everyone with common sense knows that OJ was innocent.
     
  9. Johnv

    Johnv
    Expand Collapse
    New Member

    Joined:
    Oct 24, 2001
    Messages:
    21,321
    Likes Received:
    0
    :confused:
     
  10. blackbird

    blackbird
    Expand Collapse
    Administrator
    Administrator

    Joined:
    Feb 21, 2002
    Messages:
    11,898
    Likes Received:
    2
    Johnv--look again, brother! The word addresses believers--of which I am speaking to Sister Gina! Believers are not to drag others into court--the word implies that the heathen drag the heathen into court! The heathen may drag a believer into court--but the believer is not to drag the beliver or the heathen into court--the word still stands for "BELIEVERS"--better to be defrauded!!

    your buddy,
    Blackbird
     
  11. ScottEmerson

    ScottEmerson
    Expand Collapse
    Active Member

    Joined:
    Jun 3, 2002
    Messages:
    3,417
    Likes Received:
    0
    My favorite kind of sarcasm is that which is done with a completely straight face.
     
  12. Johnv

    Johnv
    Expand Collapse
    New Member

    Joined:
    Oct 24, 2001
    Messages:
    21,321
    Likes Received:
    0
    Oh.... [​IMG]
     
  13. Johnv

    Johnv
    Expand Collapse
    New Member

    Joined:
    Oct 24, 2001
    Messages:
    21,321
    Likes Received:
    0
    We'll have to agree to disagree. I suppose this is one of those many instances where both positions have biblical support: One one hand, a believer should not sue a believer. On the other hand, a believer should not enable another to commit a wrongdoing. I suppose the best course of action is the decision of the individual.
     
  14. Wisdom Seeker

    Wisdom Seeker
    Expand Collapse
    New Member

    Joined:
    Jul 17, 2002
    Messages:
    5,702
    Likes Received:
    0
    I think people should be held accountable for their mistakes. If that means taking them to court...then so be it. Especially when it concerns the health and well being of a human being. Those are high stakes, doctors know that. That's why they have to carry malpractice insurance.

    And if you have a problem with keeping the money you might be awarded...give it to a needy cause. The money isn't why you would do this anyway. It's to hold someone accountable for their mistakes, and keep them from hurting someone else.
     
  15. Gina B

    Gina B
    Expand Collapse
    Active Member

    Joined:
    Dec 30, 2000
    Messages:
    16,944
    Likes Received:
    1
    Matt, thank you for your words of wisdom. Shortly after reading I got a phone message from him, asking me to page him. I had called his secretary that morning and "shared my feelings".
    I explained the problem calmly. At first he was EXTREMELY defensive and sarcastic, but I think it hit him out of left field when he tried tech talk and I not only kept up, I spoke it right back. LOL All that studying I did on what's going on pays. ;) (BTW there's no possibility it was a typing error IMO as it was numerous sentences.)
    Anyways, I stayed calm and sensible which was VERY hard, and he eventually calmed down and we went from "you're free to find another cardiologist" and "it's called a typing error" to a calm conversation about all of it. (I did laugh to myself over the typing error excuse, as it reminded me of one of the million KJV debates and I kept picturing him in court saying "a scribal error is NOT a mistake!" ) I think he was just frightened at first over his error and was probably waiting for me to say the word "sue".
    In the end he apologized, and seemed to understand why I would question the accuracy of the rest of the content in his report.
    You're right too Blackbird. It's not something I'd like to do. My complaint is registered, he admitted his error, and if I did more it would be out of anger and not need. Thanks for the reminder!
    One funny thing is that I got confused at to which cardiologist I was talking to. I was expecting an Ireland style accent, and he spoke with a normal English one. My first thought was "ok, he not only faked part of the exam he faked the accent too!" It took a few seconds for me to realize I had their voices confused. [​IMG]
    Gina
     
  16. blackbird

    blackbird
    Expand Collapse
    Administrator
    Administrator

    Joined:
    Feb 21, 2002
    Messages:
    11,898
    Likes Received:
    2
    Now, here me on this one--I ain't mad at anybody--but what are you guys gonna do with 1 Corinthians 6: 1-7?? Seems to me that the decision here does not rest with the individual--but its God Almighty's decision for the believer. We sue, then, not for the money but so that he won't hurt somebody else---I'm gonna need you guys to bring me some scripture forward that you can stand on with that statement!! Where you are standin' in your minds now is on sinkin' sand! At least 1 Corinthians 6: 1-7 is rock solid and I can pitch my tent(body and its decisions) there and obey it to the fulliest!!

    Let the heathen teach the heathen a lesson, but not the believer. I just believe that much of what was written here was written on sinkin' sand!

    Your buddy,
    Blackbird
     
  17. gb93433

    gb93433
    Expand Collapse
    Active Member

    Joined:
    Jun 26, 2003
    Messages:
    15,496
    Likes Received:
    6
    I know what scripture says about that it is better to be defrauded.
    But let me give you a real situation. A man I know who was buidling a house for some people was not paid and so he had to take out a loan to pay his debt. Now he is strapped with a huge debt that shackles him.

    Would you sue or not?
     
  18. blackbird

    blackbird
    Expand Collapse
    Administrator
    Administrator

    Joined:
    Feb 21, 2002
    Messages:
    11,898
    Likes Received:
    2
    I'm sorry, but the believer must obey scripture. The Lord God has far more to teach us in our refusing to bring others to court than the world has in teaching us its ok to sue somebody's "Pants" off!--better to be wronged and not seek revenge or restitution.

    That fella will get over it(having to make a loan) by and by--and in not seeking revenge or restituion--the contractor is "heaping hot coals upon their heads" literally driving the couple who refuses to pay to repentance. Look it up, its written down!

    Your buddy,
    Blackbird
     
  19. Hardsheller

    Hardsheller
    Expand Collapse
    New Member

    Joined:
    Jun 21, 2002
    Messages:
    3,816
    Likes Received:
    0
    Blackbird,

    If what you say is absolutely always true - Why did Paul appeal to Caesar? In effect, Paul was appealing his case to the highest court in the Roman Empire. I think the principle is the same. Granted, Paul had been falsely accused and dragged into court by nonbelievers but he exercised all of his "rights" as a Roman Citizen in the pursuit of justice.

    The Missouri Baptist Convention recently sued five of its own agencies because the trustees of those agencies violated their charters. Do we not hold fellow believers responsible for their actions? Since we as a convention and they as agencies are all incorporated under state law are we doing more than Paul did in appealing to Caesar for justice?

    [ July 24, 2003, 07:00 AM: Message edited by: Hardsheller ]
     
  20. latterrain77

    latterrain77
    Expand Collapse
    Banned

    Joined:
    Jul 7, 2002
    Messages:
    497
    Likes Received:
    0
    Hi gb93433. Wouldn't a prudent builder have been "paid" in installments as the job progressed? In that way, wouldn't he have only been "beaten" out of some, rather than much? latterrain77
     

Share This Page

Loading...