In response to:

Malpractice Law Is Bad for Your Health

Sonors Wrote: Apr 06, 2013 9:00 AM
Loser pays would stop this nonsense. Lawyers would now have to consider the potential of having to pay the defendants legal costs as a cost of doing business. Simple economics would result in a dramatic drop in frivolous lawsuits.
Joseph64 Wrote: Apr 06, 2013 1:20 PM
Loser pays was considered in product liability cases but rejected because it favors the big companies over the poor consumer. A consumer who buys a $20 appliance and gets injured by it will not take the manufacturer to court even if they have a legitimate claim of injury because of the chance that they will have to pay the company's legal fees and those companies will pay millions to defend against the suits. Who do you know that will be able to afford to pay the company's legal fees if they lose?
MadisonWannabe Wrote: Apr 06, 2013 7:20 PM
Your comment makes no sense. What has a twenty dollar appliance got to do with an injury or death caused by a defective product? If the product fails the warranty, it is no problem to return or exchange it. The problem seems to be more in the direction of people who are negligent by throwing the toaster in the tub and electrocuting someone, then claiming the manufacturer is responsible for not giving good enough directions.
Thomas2739 Wrote: Apr 06, 2013 10:25 AM
That is true, even lawyers will not take a case(even if it has strong merit), if the potential award will not be great enough to cover his /her expenses, needless to say any cost if he/she loses.
Six04 Wrote: Apr 06, 2013 10:12 AM
yes this way only the wealthy could afford access to the courts.

the way god intended.
YESWECAN Wrote: Apr 06, 2013 9:07 AM
This would be a smart move.
MadisonWannabe Wrote: Apr 06, 2013 9:53 AM
This would be a smart move. ......................................That is why it is off the table. In fact, it never got into the meeting room.
Delta Wrote: Apr 06, 2013 2:18 PM

One of the worst features of the American health care system is the sorry state of medical malpractice law. Fewer than 2 percent of injured patients ever file a lawsuit. Of those that do, only one in 15 receives compensation. More than half of every dollar goes to cover the cost of litigation, rather than to the injured and their families.

Ironically, the medical malpractice system is inordinately focused on whether someone was at fault when an injury or accident occurs. Of the estimated 187,000 deaths and 6 million injuries that occur in hospitals each year, about one in four are...