Litigation online
CMAJ 2000;162:1033
If Canadians are lucky, they will never walk as far down the litigation trail as their American neighbours. However, the Internet is helping to spread the American gospel of victimization, and numerous sites are now available that publicize lawyers who specialize in targeting physicians.
Many American lawyers now have cyber practices and some certainly catch visitors' attention. The Shapiro and Shapiro site — www.shapiroshapiro.com — is home to Jim "The Hammer" Shapiro. This firm actively seeks medical malpractice cases with slogans such as "Sue the Bastards" and "I may be an S.O.B., but I am your S.O.B."
These days, however, not just fist-waving lawyers specialize in malpractice cases. Other sites, while presenting a friendlier face, still help build cases against doctors. For example, Med-Tort (www.medtort.com) claims to be the first completely online consultation service for attorneys and patients needing expert medical opinions.
The site was launched by a group of attorneys and physicians "in order to provide an efficient and economical means of identifying viable medical malpractice claims." Clients fill out online questionnaires, and within 7 days receive an emailed report stating whether or not they have a malpractice case. This service is currently restricted to the US, but can Canada be far behind?
Already there are signs of things to come. Medical and Surgical Litigation Consultants (www.medlit.com) is based in Victoria and Toronto and offers a similar service to patients and lawyers. The 2 physicians involved, retired ob/gyn John Limbert and retired orthopedic surgeon Allan Gold, analyse and advise people on their rights regarding medical malpractice. They charge an average fee of $200 to $225 per hour; verbal reports cost $600 to $900, while written reports cost $750 to $1800.
A Calgary-based firm, Economica Ltd. (www.economica.ca), goes a step further with its electronic mailing lists. Here lawyers can discuss Canadian medical malpractice cases over the Internet or read a newsletter, The Expert Witness.
With all of these sites available, it is comforting that a new site called Doctors First (www.doctorsfirst.com) has been launched. In the interest of putting the interests of doctors first, it advises: "Don't remain unarmed in our battle against frivolous suits. Reduce the risk of ending up on the wrong side of 'v.' " — Michael OReilly, mike@oreilly.net
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