Thursday, January 06, 2005

Frivolous Lawsuits

President Bush recently went to Madison County Illinois to underscore the severe nature of our “sue happy” society because The American Tort Reform Association awarded Madison County as the nation’s top “judicial hellhole.”

There is no free lunch. When lawyers and those they represent reap millions from frivolous lawyer suits, someone else pays. So, unless you’re a rich trial lawyer, or a client who reaped millions, you pay, and you pay a lot.

How do you pay? Higher insurance premiums and lower coverage, as well as doctors leaving communities that desperately need quality healthcare professionals. For example, my wife Beth is a physician. What does her day mostly consist of? Writing. Beth writes very detailed notes about what she did for each of her patients and why. So if sued she will have very detailed documentation to defend herself. So instead of seeing more patients, or conducting research or studying to become a more effective doctor, Beth writes for hours and hours why she prescribed X, Y, and Z medication, and did this and that, etc., for her patients.

To add insult to injury, my wife is in the army and the rules for suing are not as loose as they are in the civilian world. One could only image what a doctor who is not in the military must do protect themselves from these parasitic lawyers.

Beth is a concrete example of what these greedy lawyers and their (I want to do an end run around working hard day in and day out and get something for nothing) clients have done to undermine our society.

England has loser pays. Good idea. Want to sue? Fine. But if you lose you have to pay for the opposing side's legal bills. That makes people think twice before suing. I believe it has gotten so bad in America we should take it a big step further: You want to sue someone go right ahead, but if you lose you not only have to pay the other side’s legal bills, you must also pay them what you were suing them for! Sue for $35 million and lose? Well you better fork over $35 million for the pain and suffering you caused the defendant(s). This idea would put a big dent into all of these frivolous lawsuits.


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