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Related: About this forumPapantonio: Malpractice Caps Are Hurting Consumers
Medical malpractice is a very serious problem in America, but anti-consumer groups like the US Chamber of Commerce are trying to make it harder for victims to have their day in court. But some states are fighting back. Ring of Fires Mike Papantonio discusses whats happening with Linda Lipsen, the CEO of the American Association for Justice.
More at Ring of Fire.
Dustlawyer
(10,495 posts)has stooped so low as to put fake newspapers outside of the jury assembly rooms to influence their verdicts (check out Www.southeasttexasrecord.com to see 1 of these papers. They all have "record" in their name). They spend more in judicial races than anyone else. Since most people don't pay attention to these races the money makes a big difference.
They say they need these caps to stop the "frivolous" cases. Why would you need a monetary "cap" on damages for frivolous cases? The answer is, YOU DON'T! We take cases on a contingent fee, meaning we don't get paid unless we recover for our client. We pay all expenses and do not get the expense money back unless there is a recovery. That insures that we do not take frivolous cases because we would go out of business. If, after working up the case and it turns out not to be a valid claim, we drop it or the Court throws it out. A poll of the Federal and State judges nationwide found that less than 1% of the Judges think that there is a problem with frivolous lawsuits!
Don't think Tort Reform affects you? Try to hire an attorney for medical malpractice in Texas and see what the lawyer tells you. With a $250,000 cap on pain and suffering and mental anguish, the attorney usually has to hit a home run to be able to pay the experts, recoup expenses, and make enough of a fee to make the 18 months or so of litigation worth while. The client would get very little so the attorney will have to reduce the fee. What if a kid is a quadriplegic due to medical malpractice? $250,000 for a lifetime of being a quadriplegic! That is before attorneys fees and expenses are taken out as well. Sure the medical bills are not subject to the cap so the doctors get paid, but the injured kid, not so much If you are a kid, home-maker, or retired person with no lost earnings you will have trouble getting an attorney to take the risk.
They created a Tort Reform crisis to get people thinking they need to protect these poor corporations from us evil trial lawyers. It is all a lie and the MSM is happy to spread it. The talking heads always take it as a given that there are way too many frivolous lawsuits, this has to stop!
COLGATE4
(14,732 posts)Needs to be seen by all Liberals to understand and combat the insidious strategy of the Rethugs to reduce the liability of wrongdoers and thwart the ability of the injured party to have his/her day in court. This has been one of the Republican Party's wet dreams for years, and this post explains in clear economics why Liability caps are a very bad idea.
EuellG
(13 posts)very interesting