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Posted By: warshawlaw

"litigate our country into the ground" is such BS. Nothing of the sort is taking place, as independent study after independent study proves. Just yesterday The L.A. Times had an article on page 1 of the buiness section reporting that multiple studies of medical malpractice insurance rates were released proving that the supposed med mal litigation explosion has nothing to do with rising med mal insurance premiums--it is the insurers' investment losses that drive their premium decisions. Of course the facts never deter the propagandists. The business lobby WANTS you angry at lawyers because if they can piss you off sufficiently to get your support to cut off a lawyer's ability to get paid on contingency or through class actions, they effectively cut off the average person's ability to sue. Like the idea of being turned into a Crispy Critter because a car maker decides it would bd better to fry a few dozen people a year than spend ten bucks on a defective gas tank repair? That was the Pinto case and absent lawyers who were willing to go after Ford for it on their dime because of the ability to collect a contingency fee, that disgusting episode would be par for the course.

Those of you who want to buy into the propaganda need to consider this: Before you so readily swallow the party line of those who would like to take a weed whacker to your right to sue, you had better ask who it is who wants to cut off those rights and why they want to cut them off. Isn't it interesting that the same a-holes who talk "free market, free market" while exporting our jobs overseas to prisoner-slaves in China want an artificially controlled market when it comes to their liability for stealing from and hurting others?

You had also better be damned sure that no one in your family ever needs to sue, because once "reforms" are successfully put into place, they don't come off despite the evidence that they don't work, as is emerging with the med mal caps. The insurance and business lobbies put the money into the politicians' pockets to keep them there because they are profitable.

I am very vocal about these issues not merely because I am a lawyer but because my family was the victim of a terrible loss and has run headlong into these stupid limits; I understand better than anyone just how unjust they are. My sister was killed by medical malpractice; the idiot doctor prescribed a lethal dose of medication for her and the pharmacy did not catch it. She took the medication as directed and died at 34 years old. The concentration of meds in her system was several times a lethal dose. My parents are in hell, as you might imagine, and because she was disabled and had no job (which is why she was under that quack's medical care and on the meds in the first place), their recourse against the incompetent swine who did this is capped at $250,000. The doctor actually defaulted on the case rather than fight it because it was cheaper to lose $250,000 than pay a lawyer to fight it and lose it anyway. I hope none of you ever go through this, but I hope that every lobbyist, corrupt politician and unthinking idiot supporter of those who try to cut off our recourse in court suffers like that. Of course I also hope their sons turn out gay and their daughters need abortions.