Tuesday, July 25, 2006

Vishal Castun's Big Bluff


Reading the article at Law.com, Web Site Encourages Blacklist of Med-Mal Plaintiffs, I can't help but wonder if the author got a press release from the owner of litipages.com and took it far too seriously.
The site, LitiPages.com, encourages doctors to consider avoiding patients who are listed in the database, and it strongly encourages plaintiffs who have lost their cases at trial to turn around and sue their plaintiffs attorney.

* * *

The registered operator of the Web site, Medico-Judicial Online Media, has begun gathering data on Florida medical malpractice cases filed after July 4, said company spokesman Vishal Castun. The operators plan to make the database available for free starting next July, and eventually hope to publish a database covering medical malpractice cases across the United States.
So we have a site which nobody has ever heard of before, promising a database which is not yet available, to help doctors blacklist patients and to encourage medical malpractice plaintiffs to sue their lawyers... for malpractice? The apparent basis for the claim against the lawyer would be,
Prior to filing your medical malpractice lawsuit, your attorney should have counseled you regarding the pros and cons of filing your suit. Your attorney should have explained to you that information relating to your case would become a matter of public record and that the public would have the unrestricted right to view it. This should have been summarized for you in a written document called an "informed consent" which you should have been required to sign. If your attorney proceeded with a lawsuit without warning you of the risks involved, you may be the victim of Legal Malpractice and may be entitled to compensation.
Has this proposed theory of legal malpractice held water in any U.S. jurisdiction? Because according to the article, Castun intends to float the site exclusively by offering advertising opportunities to legal malpractice lawyers. Of course, "Castun declined to identify the principals behind the project."

I think what we have here is a person who bought a URL a few years ago, has been wondering what to do with it, got a brainstorm and sent off some press releases, but doesn't have anything approximating a real business plan. But I'm sure he'll cash your check if you want to sponsor him.

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