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| Stossel takes on the trial lawyers | | Date Created: Aug 02, 2006, 09:55 AM |
The trial lawyers' "justice" myth
By John Stossel
The Association of Trial Lawyers of America recently changed its name to the American Association for Justice. It may be a smart PR move, because everyone likes the word "justice," and apparently the name "trial lawyers" has acquired a negative tinge. It's good that it has, because although trial lawyers say they "protect the little guy," that's a myth. In truth, for every little guy they help, they hurt thousands.
When those big medical malpractice awards hit the headlines, it sounds like the little guy was helped. "$1 million awarded to victim of medical device!" But the headline leaves out a great deal. First, the suit cost everyone involved -- and that includes you -- much more than $1million. In addition to the million-dollar settlement, there were the court costs and legal fees charged by the defense lawyers -- many defense lawyers, considering the plaintiff probably sued not just the maker of the medical equipment, but the surgeon, an internist, some nurses, the hospital, and God knows how many others. Lawsuits routinely name as many as a dozen people, because to not include someone who is later revealed to be at fault may expose the lawyer to a charge of legal malpractice.
For the lawyers and people like me, a lawsuit is just another part of our work, but for most people, it's a life-wrecking experience. Nurses are terrified. Doctors can't sleep. Their hard-earned reputations are trashed by newspapers quoting plaintiffs' lawyers, who paint deceitful pictures of the doctors' incompetence and negligence. The doctors are forced to hire defense lawyers who eat up their time, energy and entire life savings. Patients suffer while their physicians spend several hours a week with attorneys, preparing for and giving depositions. The suit drags on for years...
.It seems that not everyone thinks that plaintiff attorneys have no special powers, are just doing business like a market transaction, and are perfectly justified to do anything and everything to win or make money for their client.
posted comments:
The point is NOT that the big-ticket lawsuits with multi-million dollar awards are the problem; the point is that fear of litigation, and all the costs associated with it, have driven some doctors away from practicing medicine, others away from innovations that could make *everyone's* life better, and driven the costs of health care sky-high.
Highly successful ambulance chasers like John Edwards are just the public face of an entirely systemic problem, perpetuated by trial lawyers as a whole.
"95% of lawyers give the rest a bad name."
Trial Lawyers
I've reached the conclusion that trial lawyers are a cancer, that's eating away at the very fabric of American society. Their unbridled and shameless greed is exceeded only by the gall they show in telling us they're out there doing God's work.
They've created and perpetuated the incredible notion that nothing bad that happens to you is your fault, and somebody can be sued for it. This has created the widespread belief that filing a lawsuit is an entitlement, and it's eroding the trust that once held our society together.
My own sister-in-law, who was a brilliant general surgeon for nearly 30 years, recently closed her practice and quit the field of medicine. She told me she drew the line when her annual malpractice insurance premiums reached 300 thousand dollars, even though had never been sued.
She's one of the fortunate few in medicine who has other skills and can make a decent living doing something else. (She's now a musician) She says she misses her practice, and she misses helping people, but she doesn't miss the constant threat of being sued.
Wednesday, August, 02, 2006 8:08 AM
Trial lawyers...
As posted previously, were trail lawyers (& prosecutors) forced to take the oath before making accusations and/or questioning individuals in a court room, the time necessary to complete a case would be decreased greatly as would the costs of handling cases. Few (if any) lawyers are concerned with integrity and/or justice - their only concern is winning at all costs (perjury is not a concern of either side).
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