Thursday, October 1, 2009

'Trial Lawyers Trade on the Unreliability of Justice'

Philip K. Howard is an outspoken critic of a civil justice system that creates 'legal fear'. He is chairman of Common Good www.commongood.org, an organization dedicated to restoring reliability to our justice system. In a recent WSJ article Mr. Howard makes the following observations:

"Eliminating (the unreliability of justice and) defensive medicine could save upwards of $200 billion in health-care costs annually ...

Although trial lawyers suggest (that) they alone are the bulwark against ineffective care, Congress now realizes it can't completely stonewall legal reform ... 83% of Americans believe that "as part of any health care reform plan, Congress needs to change the medical malpractice system"...

What has unfolded so far is a series of ... token proposals—all of which assiduously avoid any specific ideas that might offend the trial bar. According to Katharine Seelye on the New York Times's Prescriptions blog, "the comparatively small budget seems commensurate with the administration's level of interest in the subject."

A few thousand trial lawyers are blocking reform that would benefit 300 million Americans ... It's a scandal—it is as if international-trade policy was being crafted in order to get fees for customs agents"

Link to WSJ Article

2 comments:

  1. The CBO issued a report on medical liability in January 2004!

    LIABILITY REFORM: They examined the experience of the 40 states that employed restrictions on malpractice awards such as caps on non-economic damages, limiting attorney fees, reducing the statute of limitations, etc.

    The report observed “evidence from the states indicates that premiums for malpractice insurance are lower when tort liability is restricted (liability reform) than they would be otherwise.”

    ‘DEFENSIVE MEDICINE’: the CBO acknowledges the reduction in spending cited by Kessler and McClellan in 1996 on acute MI and ischemic heart disease in states with tort reform.

    Don’t allow the politicians to kick the can down the road. I would urge physicians and like-minded legislators that this is the time for reform and not for projects.

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  2. i do agree with dismay how few can hold health care of millions .Trial lawyers are holding public as a hostage and wants system pay for their greed

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