Friday, May 9, 2008

Linkworthy

From a family doctor at Musings of a Dinosaur, comes this worthwhile read: Managing Risk:

"Despite its bad rap, the legal system really does work more often than it doesn't"

The Mommy Blawg hosts Blawg Review #158;

John Guyette from the Center for Justice and Democracy gets the call for jury duty, which he recounts at The PopTort; and

Brooks Schuelke puts up Personal Injury Law Round-Up #61, that includes among its nuggets this medical malpractice story of a screwdriver being substituted for a titanium rod in back surgery.

Labels: Random Notes

posted by Eric Turkewitz  # Permanent Link

Comments:

"Despite its bad rap, the legal system really does work more often than it doesn't"

That simply isn't a good enough standard. The system should work 95%+ of the time. The reason it doesn't is that we don't have a "loser pays" system to put a bite on meritless litigation. If someone improperly sues me and I prevail in court, the money I've had to spend in defending myself has been stolen from me as surely as it someone broke into my house and robbed me. Without a "loser pays" provision in place, there is nothing to prevent similar meritless suits

I know the naysayers will claim that there is always an insurance company covering the cost of defense but that simply isn't true. Even if it were, why do you think insurance costs have gotten so high?

# posted by  pwd : May 12, 2008 6:20 AM

 

The system should work 95%+ of the time.

One reason it doesn't work at 95% is that juries tend to favor doctors.

But if you think you can design a system that works at 95%, why not suggest one?

Certainly a "loser pays" system won't do that. That will only slam shut the courthouse door to everyone but the wealthy.

# posted by  Eric Turkewitz : May 12, 2008 7:00 AM

 

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