If you read through this thread, you’d see it:
- The United States is the only industrialized nation where there is no requirement for a valid case in order to sue. All other nations have something like a judicial hearing before a lawyer is allowed to file a suit – and that cuts out a lot of junk lawsuits.
I might find that fair enough. Still, if a lawsuit has NO legs, it won’t get far in court.
- Apply the English Rule – the loser pays the winner’s costs. In the case of a contingency fee arrangement, the lawyer pays his share.
I’ve already suggested something along this line. I don’t know if a “loser pays” is entirely fair as it can hurt justly hurt clients (it would also promote more settlements to avoid risk of ultimate loss), but I certainly wouldn’t argue with the court appointing fees be paid by the loser in cases of little merit. Certainly, it would behoove well is attorneys had to pay their own way for cases rather than just seeking contingency awards. Get rid of contingency percentages and this might take care of itself as only cases likely to be won which a client can then afford to pay for would be filed. Then don’t pay them off so easily.
- Enact caps – damages should be limited to actual loss, and pain and suffering should be held to a low level. Punitive damages should only be assessed through a criminal trial.
Interesting idea to offer punitive damanges only through criminal trial. That might be worthwhile. Though we might be sending a lot more doctors to jail, in that case.
I disagree with caps for two reasons. Primarily, I don’t think it solves anything. It only manages the cost of doing business and sets the price of malpractice. As long as people know that, “hey, there’s a quarter of a mil in play”, they’ll still take a shot at it. Secondly, it fails to offer any real jurisprudence to send a message and allow the offender to feel the hurt from the harm inflicted. Punitive measure remain a must, IMO.
- Require all scientific evidence to be peer-reviewed, and hold all statistical evidence to the same standard. (A classic example is the Dalkon Shield case – the Center for Disease Control admits that the data shows the Dalkon Shield was no more likely to cause toxic shock syndrome than any other such device.)
Still, does this not carry the alternate risk? That of physicians protecting themselves.
- Eliminate class action lawsuits – where the defendant pays billions, the lawyers get most of it, and the actual plaintiffs get a coupon for $10 off their next oil change.
Fair enough.
Do you have a cite for that?
Not offhand. I’m speaking from memory. Among other things, I recall where courts have appointed private defense for what I believe were civil cases and ordered the public defenders’ office to foot the bill. But it’s been awhile since I’ve had to pay attention to that sort of stuff closely.
And they could call it an “insurance company.”
I suppose. But I like to think of it as more of a cooperative where they would be making collective decisions. Just paying into the cooperative wouldn’t necessarily guarantee you rights if you were wrong. It isn’t meant to be a labor union, afterall. Nor is the idea isn’t merely to protect their insurance pot of gold.
Then talk to the people driving the train, the lawyers.
I think three or four sides are running the train. Lawyers are certainly one. Physicians are another. Insurance companies are a major player. As are the big corporatizing businesses that run health care institutions these days. And all of them (though not evenry individual involved, necessarily) are ultimately out to maximize and protect their own profits more than responding to the real needs of people’s health. Really, I don’t think that there are, generally speaking, “good guys” and “bad guys” in this to take sides over. It’s just an overall mess of mischief that everyone tends to get tied up in… to the detriment of society as a whole and the heath of those in need, who either have to pay through the selling of their blood just to ride on the caboose or get run over by a 100 car fast running transcontinental freight.
Now, on the patient side of things, at least we agree about MSAs.