Posted by: Dal Watson | December 22, 2010

Lawsuit abuse is having a devastating impact on our society:

– Saw an ad on TV recently about this organization/website: FacesOfLawsuitAbuse.org. This is one thing that angers me about the Health Care Reform debate. Really, it’s turned into a Health Insurance Company reform because if you were really going to reform the entire U.S. Health Care System, then you have to address lawsuit abuse, etc. among other things. That will never happened under a Democratically controlled Congress and White House because the the defense attorney lobbyists that give so heavily to the Democratic Party to support their livelihood.

– In a related story from HealthDay.com, “Doctors still fear Malpractice Lawsuits, study finds. In over-cautious effort to prevent litigation, many may order unnecessary tests, researchers suggest”


Responses

  1. First, a doctors irrational beliefs that evil is lurking around every corner waiting to sue him is his problem and should not drive any disucussion. I wonder what a doctor would do with a patient that had irrational beliefs which prevented him from treating a patient? Might he not use statistics in a relative manner to convice this patient otherwise? And, who’s statistics would he use? Statistics are a funny thing and can be used by either side to make their case.

    For example, the US Chamber sites a paper at “FacesOflawsuitAbuse” that has a chart comparing the cost of tort with other nations. Alone this looks interesting but there is a lack of discussion or comparitive analysis. Maybe tort costs are lower in these countries because people get free medical care if they are disbaled for life? What is the cost of government regulation ensuring safe products?

    When talking about tort reform (frivolous lawsuits) what we are really talking about is that we can not trust the common men and woman to decide in a local court house room how they want to orient their society locally. In other words the common man and woman is capable of operating in a complex marketplace and in our democracy but they are incapbale of making rational decsions based on facts present by both parties sitting on a jury (unlike of course the one sided discussion on the chambers web site that money and influence brings to the table of Washington).

    Yes, every business man is a free market fan and believes in the power of the markets untill they either need something or lose something. In this case the tort system taketh away so the wisdom of the crowd must be wrong but in the case where they have something to sell and they succeed the wisdom of the crowd is a great thing.

  2. Several of many interesting articles regarding tort reform. Depending on what side of the ideological fence one sits on their are plenty of articles and statistics. Me, I believe in the wisdom of the crowd presented with all the facts from both sides to make rational sound judgements, like our found fathers believed in.

    http://www.motherjones.com/kevin-drum/2009/09/real-cost-medmal
    http://cityroom.blogs.nytimes.com/2009/06/05/growth-in-malpractice-claims-is-exaggerated-report-say/
    http://www.businessweek.com/magazine/content/09_39/b4148030880703.htm
    http://www.insurancejournal.com/news/national/2010/12/17/115713.htm
    http://www.newyorker.com/reporting/2009/06/01/090601fa_fact_gawande?currentPage=2

    I have used the tort system. The burden of proof to even get your day in court is extremely high in Minnesota. So please, for all of you “conservative (remember states rights) we need a national 250K cap” supporters keep your hands off from my state. We do not need big business, big money and big goverment to tell us states how we want to orient our society. We the people are fully capable in the court of law of making rational judgements after patiently listening to facts presented by BOTH sides.


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