Broken Pinkie: No Biggie? Fuggedabout it!

Michael A. Stratton
Attorney
866-351-9500
Posted by Michael A. StrattonNovember 20, 2012 11:22 AM

My staff is used to me telling potential clients that claims should only be brought for life altering injuries. "You shouldn't sue over a lost pinky. Its bad for you and its bad for our justice system" was my often overheard advice.

Well, as most of us with a few decades of life behind us know, life can be a series of humbling ironies. And this arrogant minimization of the pinkie injury has come back to haunt me!

I broke my pinkie in a bike crash one month ago, and I am confounded by how debilitating such a "simple" injury can be. First there is the initial acute pain and loss of use: There is not much one can do when the top half of your pinkie is perpendicular to the bottom half. You would think this would be theapex of the injury's detrimental life impact. But this is not so.

Following this there are the multiple office visits, tests, and surgery which rip apart normal work-family schedules. Following the pin insertion, there is the casting of the whole dominant hand and wrist. Emails? Texting? Getting Dressed? Showering? Brushing Teeth? Shaking Hands? Maintaining a fitness regimen (swimming, biking, lifting)? Fuggedaboutit!

One month later, after 30 days of 50% capacity at best the cast comes off and the pinkie is infected, inflamed and as stiff as a board. So now come the multiple antibiotics, sleepless nights, and oh my lord the most painful of events-- PHYSICAL THERAPY. One would think a pinkie could quickly get back to functional use. Oh not so. 10-12 therapy sessions are planned and they are outrageously painful events. At the last one, my therapist commended me for returning for another visit, and said she was surprised I came back given how much pain she had to inflict just to get the pinkie into a quarter bend. I am not brave. Rather I am stuck between having a permanently erect pinkie or experiencing an ice pick being driven through my finger. A close call....

I appreciate the efforts of the nurses, the front office secretaries, the surgeon, the therapists, the anesthesiologist, the pharmacists, my staff, my partners, my clients, my wife, and my kids who have all helped my over the last 5 weeks. Can you imagine that? All of these people have had there lives altered if only slightly by my "little" pinkie injury.

The bottomline: The next potential client who wants me to sue over a negligently harmed pinkie is a most lucky person. They will have a rabid pitbull for a trial advocate.

4 Comments

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jc
Posted by jc
November 24, 2012 4:33 PM

How would you like to be a doctor and get sued for 6-8 years because of a "pinky" incident? It happens to doctors all the time and the distraction of a frivolous malpractice lawsuit is every bit as distracting as your pinky injury.

Michael A. StrattonInjury Board Attorney Member
Posted by Michael A. Stratton
November 24, 2012 9:31 PM

JC,

I know you desperately want to play the martyr but doctors are not sued "all the time" over broken pinkies. It just isn't true. Medical malpractice cases are extremely expensive and there is no rational soul out there suing over frivolous injuries.

It is true that all professionals including doctors and even lawyers like me sometimes get improperly sued by disgruntled clients. But this happens very infrequently and is handled by the insurance companies and usually 99% of the time quickly dismissed.

This is America doc. The jury system keeps everyone equal and honest--lawyers, doctors, architects, stockbrokers etc. Oddly, your profession's lobby yells about frivolous suits but has never sought to limit frivolous cases. Instead it has sought to immunize doctors from real cases where the doc has caused great injury. Thats called caps and thats the only proposal you people ever make and it limits your responsibility for causing big injuries not frivolous ones. Your desire to avoid paying for injuries you have caused is not sustainable and is frankly un-American and immoral.

jc
Posted by jc
November 26, 2012 9:24 AM

Michael Stratton: Your opinion that docs are not sued over frivolous cases is patently absurb. Docs win 80% of cases that go to trial, which means that plaintiff attorneys have an 80% failure rate at trial, a failure rate unmatched in American Industry. Most of these frivolous cases are brought by inexperienced plaintiff attorneys. As you mentioned, malpractice cases are highly complex, yet any plaintiff attorney who has passed the state bar can sue a doc. So here is a suggestion - -force plaintiff attorneys to go thru some "residency" like doctors do before they can file these malicious frivolous malpractice suits. So have you suggested this to you state bar Mike?

jc
Posted by jc
November 27, 2012 9:23 AM

Mike, I have an even better solution to the frivolous malpractice suit problem. Allow docs to countersue plaintiff attorneys every time they win a medical malpractice case. The docs could sue for frivolous litigation and the plaintiff attorney would have to present to the jury why the case was not frivolous in order to win his case. If the doc won that suit, he could recoup lost wages, damages to his reputation, emotional distress, etc. That would easily get rid of all the frivolous malpractice litigation with no tax increases necessary. Sounds like a great idea to me Mike, what do you think?

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