THE ROAD LESS TRAVELED

THE ROAD LESS TRAVELED
PERHAPS IT IS BECAUSE HE MARCHES TO THE BEAT OF A DIFFERENT DRUMMER

Sunday, April 17, 2011

TIPPING THE SCALES of JUSTICE

About 20 years ago I answered a knock at my front door and encountered a man running for Congress. I am a Medical Doctor, he did not know that, and I asked him what his stance was on Tort Reform. I could see him sizing me up and trying to decide if I were a doctor or a lawyer as his answer would be different. He asked me if I were a Doctor. I slammed the door in his face. Tort reform for those who do not know, is about limiting the monetary damages (often to 250-750,000 dollars) for pain and suffering in lawsuits. It does not in anyway limit economic damages or medical payments. It is just about those intangible unquantifiable aspects of slips and falls and auto accidents, malpractice and the like. It is this number that can be in the stratosphere ($2.5 million for the lady who spilled hot coffee in her own lap) that leads to defensive medicine and malpractice premiums that are unaffordable (try to find an obstetrician).

If you are a doctor you probably like tort reform. If you are a lawyer, you probably don't. In any civilized society there are always rights and needs that have to be met. There is an old ethical saying "Your right to swing your fist ends at the tip of my nose." So, rights can be relative and situational. Of course tempers and BS are flying from both sides. As in everything else, there is a pendulum that swings in society. It is too far over toward the lawyer's side at present. Some limitation is needed or you may wind up having to take out your own appendix someday because there are no doctors willing to take the chance of being sued. On the other hand, lawyers have done a lot of good in society by making companies and individuals more responsible. It is telling which way the SCALES of JUSTICE have tipped when on the radio and TV half the advertisements are for law firms who are "for the people" or want to "get you justice", and the full page ads in the yellow pages for plaintiff firms could wallpaper a small room. Dial 1-800-sosueme.

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