[Moses]

A young and talented physician (lets call her Dr. Smith) just announced her retirement after 10 short years in practice.

A pregnant patient (not hers) had a very complicated delivery with a bad outcome. During the legal hailstorm they call "discovery" it was found that 12 weeks prior to the patients delivery, she had received telephone advice from Dr. Smith while Dr. Smith was on call for the patients vacationing doctor. No one could reasonably connect Dr. Smiths telephone advice to the events of the patients delivery 12 weeks later, but in the interest of "casting a wide net". Dr. Smith was named in the lawsuit that followed.

Dr. Smith's attorney submitted letters explaining that Dr. Smith had no contact with the patient at any time except for one brief phone call 12 weeks before delivery and could not reasonably have any liability in the case. The plaintiffs attorney refused to dismiss Dr. Smith from the lawsuit, so she was named with 3 other doctors and the hospital.

Dr. Smith has a small private practice. She is a meticulous physician and has the respect of the entire medical community. Her overhead costs are high, so she makes a very modest income.

Because of the lawsuit (her first) her malpractice insurance company cancelled her "good doctor" discount. Cost; $40,000/year. Dr. Smith lost several weeks in the office, paying her staff, office rent and other physicians to cover her practice while she was unavailable. Dr. Smith had to go to the bank to get a loan to cover her office overhead.

At trial, the judge pressured the plaintiffs attorney to dismiss Dr. Smith from the lawsuit. Finally, he did. Two weeks later, Dr. Smith announced her resignation and quit practicing medicine.