“The time has come,” the Walrus said,
“To talk of many things:
Of shoes – and ships – and sealing-wax -
Of cabbages – and kings -
And why the sea is boiling hot -
And whether pigs have wings.”
I was reading this article about how repealing ObamaCare is not enough:
If Republicans achieved repeal without agreeing on a way to reform healthcare along free market lines, it’s inevitable that Democrats would eventually lead another overhaul of the system that would grant even more power to the federal government than the Affordable Care Act does. This would gradually morph the system into a full single-payer program.
And I fully agree with him. One of the things we can do to keep Health Care costs down along with free market ideals, is real meaningful tort reform. Right now doctors preform every test in the book before giving treatment in order not to be sued. This not only raises costs, but also prevents timely treatment. I have seen, first hand, EMTs identify what was wrong with my grandmother just by sight, but still tested her and asked what medications she takes before treating her (Long-story short: Her blood-sugar was low and in the middle of Night-Terrors, and all she needed was some sugar).
I used to believe in capping punitive damages, but I have since changed my minds on the issue. One thing I think we should do is pass Loser Pays and capping Lawyer’s Out-Of-Control Fees.
Fraudulent lawsuits are filed all the time and some are caught. Remember Glenn Taylor, who push over a boulder in Utah’s Goblin Valley State Park? Well, before that happen he filed a injury lawsuit claiming “serious, permanent and debilitating injuries” in a car accident. But the damage, they say, has been done. I bet you now the defendent, Alan MacDonald, has to pay his lawyer fees and court costs. It is high time that changes:
America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward “making whole” its prevailing opponent.
Agreed. Some states do have Loser Pays reform, but you can shop around to sue whoever in those states that don’t have them.
I just don’t see how the winner of the lawsuit has to pay the court costs.
Lawyer’s Out-Of-Control Fees
Lawyers are also competely out-of-control:
An Alabama man who sued over being hit and kicked by police after leading them on a high-speed chase will get $1,000 in a settlement with the city of Birmingham, while his attorneys will take in $459,000, officials said Wednesday. …
Under the terms of the settlement of Warren’s 2009 federal suit, in which he accused five Birmingham police officers of excessive force, his attorneys will receive $100,000 for expenses and $359,000 in fees…
That is outrageous! Lawyers don’t care about you or your safty, but only getting their pound of flesh from their client’s misery. Someone who does sue sucessfully and on the merits, should be able to get the vast majority of the judgement. We should require lawyers to have an itemized list of expenses and limit their fees to 25% of total judgement.
Hey, if Democrats are truely in it for the little guy, then they’ll be for that too!
Kate Sullivan: Well, for someone who has nothing nice to say about lawyers, you certainly have plenty of them around.
Lawrence Garfield: They’re like nuclear warheads. They have theirs, so I have mine. Once you use them, they fuck up everything.
Look, I have nothing against lawsuits and lawyers. If I legitimately break my arm in a car accident and someone else is at fault, I would that person. Everyone has a good lawyer joke, until you need one.
However if I spill my coffee on myself, it is my fault and not McDonalds. If I fake an injury just to get money from the insurance company, then that makes me no better than a thief and liar.
Both these reforms are in good taste, because it punishes the lawsuit loser and rewards the winner. It is time for honest tort reform, let’s get this done!
Well, see ya’ later!