Litigating Litigation

Good Evening Everyone,

Well it is no great secret that we professionals in the field of medicine are no great fans of attorneys. If one has been in medicine for any length of time he or she has had the nightmare of having been deposed or ordered to testify in a medical case brought about by an attorney whose only interest is putting money in his or her pocket.In the State of Illinois we are in serious need of Tort Reform. We are having an extremely difficult time keeping specialty physicians in our state. Ob/Gyn, Neurosurgeons, and anesthesiologist are fleeing our state in large numbers. Why? Because they simply cannot afford the malpractice insurance required to continue practicing.

Our legal system has allowed justice to take a back seat to profit. Lawyers are not out to seek the truth, but to obtain as much compensation for their client and for themselves as possible. Attorneys have caused a trend in our society that absolves individuals of their responsibilities. If a person drives off the road because he fell a sleep at the wheel, he will try to sue the drug company that produced the cold medicine that he took that made him drowsy. A pregnant woman who drinks, smokes, and takes drugs has a baby with a birth defect or the pregnancy is terminated as a result of her lifestyle, she will blame the doctors caring for her. These cases are real and are just a small taste of the ridiculous litigations that are clogging up our court system. I know that I don’t have to go into great detail about all that is wrong with our legal system as you are already aware of the disgusting levels in which some attorneys will sink.

I have often thought about how we could change this system of injustice. I firmly believe that attorneys should not be allowed to receive a percentage of the monies that are awarded ‘victims’. Often times, when a client wins a case the attorney receives more of the compensation than the client. This is especially true in Class Action Lawsuits. If we could make it so that attorneys charge a client by the amount of work that they had to put into a case, then I think you would see a great reduction in the number of cases that are filed. In addition, attorneys and clients who brings suit and lose their case should be responsible for paying the legal fees and time lost of the defendant whom they are suing.

I also believe that an attorney and the client who knowingly brings forth a frivolous or erroneous lawsuit should be prosecuted for abusing the legal system. These lawsuits should be considered criminal and contemptuous of the court.The unfortunate truth in the business world especially in the business of medicine, is that our cost for product or care is markedly elevated to cover the cost of lawsuits. You and I pay the price for these attorneys who are out to make a quick dollar. These bottom feeding attornys are making a mockery of our judicial system.

I have been blessed in that I have only had to testify in court twice and neither case involved a patient that I was treating. They were procedural matters that involved appropriate management of a patient by another provider.

Even so, testifying in court is difficult and one walks away feeling harassed and accused. It is an embarrassment for our legal system to allow this type of fleecing to go on. In England, they have underwent significant tort reform. Even if a client does win his or her case, the law imposes a ceiling on the amount of monies that can be collected. This has helped to reduce the number of cases brought before the courts.I believe that we need a serious overhaul of our system of justice. If we continue down this path of attorney unaccountability then we will eventually drive researchers, physicians, and many businesses out of their trade.The courts should be institutions that protect us, not to punish honest, law abiding citizens who are doing nothing more than earning an honest wage and delivering a quality product.

I hope you are all well.

God Bless,

Jeff