Steve Gillett, to me the pity is that we believe we have to choose
sides on this issue.
My cousin is a malpractice attorney, who got his start defending
hospitals and insurance companies (he now sues his former
clients for a living). He has told me (and I have every reason to
believe him) hair-raising stories about incompetence and outright
malice covered up by institutions in order to protect their bottom
line. But he's also told me plenty of other stories about scams and
extortions run against those same institutions--some very
successfuly--so I have no doubt that your wife is not alone in her
experience.
But where it breaks down is this: while many of us would like to
change the system to get rid of predatory lawsuits and thus protect
businesses and individuals, the tort reform lobby wants to change
the system so that large, wealthy corporations can continue to
ignore deaths and injuries and escape the consequences of their
actions. The sort of person who would let hundreds of motorists die
for want of a few dollars in parts fears the legal system, and that
sort of person has nothing in common with you or I.
Put differently, they are using the real, legitimate problems you
outline to their own base and selfish ends. What we want is
protection, what they want is immunity.
I honestly don't believe this is a right-left, conservative-liberal
issue, as it is often framed here in Texas. I think we could all
agree on reasonable reforms if we all had good information.
Entities like Common Good seek to prevent that.
PS - For what it's worth, I think that losers in a suit covering
the winner's legal fees is an interesting idea, but I fear that
might discourage legitimate cases. Instead, I would propose that
judges and juries should be given the power to levy monetary
penalties against losing plaintiffs (such monies could be awarded
to the winner) if the judge/jury felt it warranted by the facts of
the case. What do you think about that?
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