The Anti-Business Choice?

Don't we all wish we had a job in which: 1. We cause a problem. 2. We then come riding in to solve the problem -- completely innocent. 3. We solve the problem with the people's money for whom we caused the problem in the first place. 4. The people reward us and view us as heroes. Chalk up high health care (like the housing fiasco) to illegal government involvement. If you love waiting in line at the Post Office or the paperwork at a VA Hospital -- Then you will love it when the Feds ride in to save us with nationalized health care! The reason for high insurance and liability lawyers goes back to Washington DC. Make more of this local where we can oust the rascals if they vote for these programs and dismiss the bureaucrats to send them packing.

I was on a jury in a case where I would have preferred to rule against BOTH parties! It was clear there was some injury but it was vastly exaggerated. We, the jury, however, were given NO GUIDELINES ON HOW TO SET AWARD AMOUNTS for pain and suffering, much less for any punitive damages. Some power happy folks on the jury wanted to award millions of dollars and a few thought the injured party should get nothing. We ended up with a reasonable award of probably less than the total lawyers fees but I now understand how massive awards happen. A few changes on the jury and they would have gotten a great deal of enjoyment playing Santa Clause. My recommendation would be for the jury to decide fault and the court to calculate the money based on set guidelines. I also agree with Kirk that punitive awards should go to the good of all, the injured and lawyers have already gotten enough.

On the healthcare front, one point I think you forgot was the cost of medical care that was not needed but done to prevent lawsuits. As a nurse, my wife sees this everyday. A patient comes in with symptoms that are easily diagnosed but the doctor has to run a full battery of tests to cover the 1% chance it may be something else, or risk litigation. These costs far out weigh the extra malpractice insurance! It is like taking your car in for new brakes but the mechanic replaces everything just to make sure there isn't something else wrong. I wholly endorse tort reform (I am not a lawyer or insurer). Most of all, I would like to see that all suits filed are tried. No more out of court settlements. Out of court settlement breeds massive abuse as the plaintiff( and the lawyer) rarely leaves the table without something. With no pain but a good chance of gain, it is no wonder so many frivolous suits are made. Also, the punitive awards are supposed to insure the offender doesn't do it again, not make the lawyers rich. Make that part of the judgment go to a bona-fide charity of the plantiff's choice. The plaintiff gets actual damages and "usually and customary" lawyer fees only. I believe these two simple changes would reduce the ridiculous "charges" by a lot.

Cheryl, You can't be more correct: this country is owned by lawyers (just look at our Congress and the goverment - all lawyers, and the worst of the bunch!), and all laws in this country are being written by these lawyers to the benefits of their criminal friends - and I don't mean real, "physical" criminals, I mean lawyers. As long as we keep electing lawyers to rule this country, we'll be paying humangous fees to the lawyers running the "Big Tobacco" scheme, 'Bad Doctors" scheme and "Big Corporations" in general. And look at those nice folks - Edwards is the best example: no decency, win by any means with no respect to the facts and truth - everything goes! And they are all the same. I've met a couple of decent lawyers, I must admit; however, the main skill any lawyer has to master - is to twist the truth for the "benefits" of your client, and for your own benefits, first and foremost. Just look how many these Esq. are ready to defend terrorists in Gitmo - probably, 10 lawyers for one mass-murderer. They have no shame, top-to-bottom. 400 years ago Sheakespeare said: "First we kill all lawyers!" How sad that it wasn't accomplished at his times! And we have nop chance, especially with the super-lawyer now residing at the High Place.