Sure it’s April Fools. But that got me thinking, it would help a lot if everyone looked at working toward that goal. Legitimate lawsuits are based upon negligence by the defendant. No fault and there is no claim. Lawsuits can be eliminated by stopping the negligence. More importantly, lawsuits will be reduced by reducing the causes. Here at the Injuryboard, many of the members have blogged on ways to do this:
- Reducing Infection causes
- Use of the Time Out Towel
- Marking the area to be cut
- Good communications about what is being done.
For some time, there have been regular attempts to stop the lawsuits by capping fees or simply outlawing the claims. Texas stopped them in this manner. Sure the malpractice insurance companies saved money, but were the injured consumers better off? Why didn’t the Texas legislature look at reasonable changes, such as the Minnesota requirement that an affidavit of peer review be affirmed before a claim can be brought? This requires proof that a qualified expert will testify that the standard of care was not met in the case. These changes go a long way to assuring the claim is legitimate.
Today will be filled with both fun and silly jokes. But, some of them will raise legitimate issues about what can be done to make things better for everyone.
We meet with injured people all the time who know that what they are living through is no joke. So I mean no offense with this topic. It’s clear that there are forces who want to eliminate these claims without any concern for the person injured. While I find a number of the arguments inflammatory and inaccurate, it’s clear that there are solutions that can work for everyone.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.