this is a musical narration of a civil malpractice action.. not sure if this has ever been done before, at least like this.
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this is a musical narration of a civil malpractice action.. not sure if this has ever been done before, at least like this.
It started when a dentist did a tooth extraction
the patient ended up with a large infection
a lawsuit was filed, with pleadings and depositions
the defendant’s attorneys took a no-pay position
(moved for summary judgment , dismiss the entire claim, out of court,
no questions of fact, no jury, no recovery, no money!)
defendants moved successfully to dismiss
said plaintiff’s expert opinion’s a speculative guess
the plaintiff appealed to the appellate division
who issued a very strange split decision
(united in result, the plaintiff can have his day in court, but split on why, brought up issues not raised by anyone, for the doctors and the lawyers on both sides, one big universal freak-out!)
they changed the law about what doctors can say
A doctor’s ‘habit’ testimony is no longer OK
the issue got so big that , well, here’s the deal
the whole thing’s getting argued in the court of appeals
(highest court in the entire state, 7 judges, all asking questions at oral argument at the same time…. big time!.. scary time!)
and what happened to the patient, well she’s lost in purgatory
whatever happens next it’s been a long long story
the wheels of justice turn as slow as molasses
it gets more convoluted as every decade passes
(by the time this case is over, the patient won’t have any teeth anyway, and her grandchildren might be collecting social security, if there is any, but that’s another story!)
and all because long ago, a one tooth extraction
here it is, a musical malpractice civil action
if you want the result, tune in next year at this time
I’ll give you the decision, if I can make the whole thing rhyme…
(if there is a final decision, who knows, the way this is going, it won’t end here, next stop, united states supreme court!)
© 2/07 m. skliar