Re: Tort Reform
From: art fougner, md (evsono@pipeline.com)
Thu Aug 12 18:01:38 2004
Was that a Johnny Cash song? Doc named Sue?
art
At Thu, 12 Aug 2004, Anna Meenan, MD wrote:
>
>Interestingly enough, the guy who sued over the sledding accident in
>Connecticut was a urologist, who, now that he's gotten his 6 mil, has
>become an ardent supporter of tort reform. i think i read the full
>story on the Common Good website.
>
>--
> Anna Meenan, MD
>
>At Thu, 12 Aug 2004, art fougner, md wrote:
>>
>>Op Ed in SF Examiner 8/04/2004
>>
>>Is common sense dead?
>>By Steven B. Hantler | Special To The Examiner
>>Published on Wednesday, August 4, 2004
>>
>>In 1996, Philip K. Howard published "The Death Of Common Sense," which
>>told the devastating effects of lawsuit abuse on our American way of
>>life, much of which is instigated by trial lawyers who file frivolous or
>>unwarranted lawsuits.
>>
>>That book, and Howard's work since its publication, sends a wake-up call
>>to all Americans.
>>
>>I've been thinking of that book this summer as I visit public swimming
>>pools where diving boards have been removed out of liability fears, and
>>when I hear stories of people afraid to umpire Little League games out
>>of fear of being sued for a "bad call."
>>
>>Lawsuits, and the threat of lawsuits, are hurting our economy and
>>distorting our way of life. Our quality of life is being diminished,
>>and a good case can be made that liability fears have kept life-saving
>>medical and safety innovations off the market.
>>
>>Has America gone lawsuit crazy? Absolutely.
>>
>>Consider just a few stories from this year. In New York City, a
>>fifth-grade teacher hurt his knee playing ball in the school gym. He
>>sued -- the floor "was slippery and not level." Payoff: $1.2 million.
>>Last year the city paid $500 million in claims, up from $21.4 million in
>>1978.
>>
>>In Greenwich, Conn., a man hurt himself while sledding on public
>>property. He sued. Payoff: $6 million. As a result town officials may
>>ban sledding. The Christian Science Monitor reported in June that
>>"increasingly, high schools and colleges are 'grounding' teams" as they
>>battle lawsuits.
>>
>>We might be appalled at these developments, but we should not be
>>surprised. Our legal environment encourages Americans to sue.
>>
>>Common Good, a group that keeps tabs on lawsuit abuse and of which
>>Howard is chairman, cites one case in which a driver was involved in a
>>crash with another driver who "was allegedly talking on a Cingular
>>Wireless phone."
>>
>>Driver No. 1 launched a lawsuit -- against Cingular.
>>
>>We slip and fall, we sue. We eat too many French fries and gain too
>>much weight, we sue. The road to personal wealth, many Americans have
>>apparently concluded, leads straight through the courthouse door. The
>>U.S. Chamber's Institute for Legal Reform reports that in a typical
>>year, a lawsuit is filed every two seconds. The institute also reports
>>that there are more lawyers in West Los Angeles than in all of Japan.
>>
>>Lawsuit mania is costing us more than our diving boards. It is also
>>costing us jobs and innovation, and it is driving medical costs through
>>the roof and doctors out of practice.
>>
>>Some economists estimate that the cost of "defensive medicine" --
>>often-unnecessary procedures that help insulate doctors from lawsuits --
>>now exceeds $100 billion. That helps add, in some states, $2,000 to the
>>cost of having a baby.
>>
>>Lawsuit fears have stymied or destroyed promising research. According
>>to an article in Science magazine, two companies delayed research on an
>>AIDS vaccine, while another company abandoned a promising approach
>>altogether, due to liability concerns. Volvo will not market its
>>integrated child booster seat in the United States because of the threat
>>of abusive lawsuits.
>>
>>Yes, lawsuit abuse is a life-and-death issue. The big winner is, of
>>course, the plaintiff's bar, dubbed "Trial Lawyers, Inc." by the
>>Manhattan Institute think tank. According to the Manhattan Institute,
>>Trial Lawyers, Inc. receives about $40 billion in fees a year, which is
>>50 percent more than the sales revenue of Microsoft or Intel, and double
>>that of Coca-Cola.
>>
>>Trial Lawyers, Inc. also greases the political skids in order to thwart
>>reform. Its political action committee contributed nearly $3 million to
>>congressional campaigns in 2002, the Manhattan Institute says.
>>
>>Polling shows that most Americans want significant legal reform. Most
>>of us want our diving boards back and we want the search for AIDS
>>vaccines and other life-saving innovations to accelerate. But until
>>there is reform, that's simply not going to happen. It's time for the
>>voting public to take a stand in favor of common sense.
>>
>>Steven B. Hantler is assistant general counsel at DaimlerChrysler Corp.
>>and a trial lawyer.
>>http://www.sfexaminer.com/article/index.cfm/i/080404op_hantler
>>
>>art
>>
>>--
>>art fougner, md
>>ich bin ein New Yorker
>>
--
art fougner, md
ich bin ein New Yorker
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