Republicans are touting a report from the Congressional Budget Office that if you cut malpractice claims, there will be money saved. I would go further and say that if you eliminate all lawsuits, money will be saved. Defendants across the land could rejoice. But who will save the money?
– The wrongdoer who was going to be forced to pay and their insurance company?
– Society won’t because they will have to bare the burden of the injured who cannot seek relief from those who are negligent.
– The injured won’t as they will have to bare what they can of the costs of their losses.
– Our system won’t as a constitutional right of redress in court is stripped away.
So how about just a little bit of change? Maybe damage caps. Look at the list again and ask the same questions. You will get the same answers. Maybe you only strip the Constitutional protection a little bit, but hey it’s only a right.
We do need to pay for a health system. So maybe the trade off needs to be looked at. How exactly does tort reform do that? Does it add money directly into the system the way that administrative and red tape changes do? Only if you accept the folly that fraudulent defensive medicine really exists. But accepting that as true, wouldn’t you have to go back to eliminating the suits to make that really work?
Would the fantasy doctor who used to worry about lawsuits, so much that he did unneeded and criminal tests, now suddenly feel free to do the right thing? Who will that right thing benefit if we already know that this doctor doesn’t seem to be bound by medical ethics?
I know we will get those dirty lawyers who give money to those dirty Democrats. I guess if you expect those two groups as being true enemies, I’m surprised you read this far. But since the Democrats would have to pass the bill and it will be up to us lawyers to still protect you when you are injured or wronged, you better go back to that original plan of eliminating every suit. "Start that revolution" , as Shakespeare is sometimes half quoted. Oh and make those wrongdoers oh so happy.
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.