I have been writing for years promoting the idea that the legal system needs to be more open to people, not closed. For 20 years there has been a concerted effort to limit people’s ability to seek justice in court for the harms and wrongs done to them. The fight has been waged with medical malpractice cases for a few obvious reasons. Doctors are given an elevated status in our society. When a person seeks treatment from a doctor and recovers, they are usually thankful. And, most people have a general practice doctor who they hold in high esteem. These are all good things, but there is no good reason to provide a different standard to doctors then we would apply to teachers, carpenters, factory workers, or business executives. Doctors, hospitals, and other medical providers owe a duty to follow the rules-it is just that simple. If they violate a safety rule, they should be responsible. These profession make extremely high incomes and they should be held accountable like the rest of us.
The insurance industry and other companies have been using the medical profession to help push what they call “tort reform” or “legal reform.” There is no reform to their ideas. These industries and businesses want to deform they system for their own benefit. Why would you think these companies care about you? Insurance companies are not supporting limits on injury awards because they want to protect you: they want to make huge profit. WAKE UP. There was an article today in the Los Angeles Times advising its readers that a hospital had administered excessive doses of radiation to about 200 patients. This went on for about 18 months and the patients received 8 times more radiation than what is safe. Wow. This is a clear violation of so many safety rules. How could this happen when it involved a machine that people are required to check. Why should the patients who develop cancer or die be deprived of their day in court just so an insurance company can make huge profit and send their CEO’s on lavish vacations. I strongly urge you to think about these things. It may be you one day.
Merrida Coxwell is the managing partner of Coxwell & Associates, a law firm focusing on serious personal injury, criminal defense, financial fraud, bankruptcy, and other consumer issues. For a free consultation call 601-948-1600 or e mail.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.