Friday, May 18, 2012
Tort Reform Anyone?
OK, I'm not a lawyer and I've got a relatively low opinion of the tort laws that are in place that lawyers are working under. However, it really frosts my nether regions to see the constant T.V. advertisments from "injury" lawyers. You know the ones, "If you've been injured or killed by Drug XYZ, then call us now and we'll try to find you (and us) some money"! Now, I'm sure that you'll forgive my bias as a pharmacist that everything we put into our body has risks and a simple glance at a drug package insert or the PDR should be enough to give anyone pause before ingesting. Having said that, I do believe that in cases where there has been negligence on the part of a prescriber, that tort should play a role in the recovery from injury (or death). Beyond that, however, if one is using an anticoagulant ("blood thinner") whose sole role is to make it easier to bleed (prevent clotting), then if you develop a bleeding event (while taking it appropriately and being monitored equally well) it is an expected adverse effect -end of story.
That's not the world we inhabit, however. There must be someone to blame for everything bad or unforeseen that happens to us. Even if it might be a poor (or uninformed) choice on our part, someone else must be culpable as well. Tort laws make it possible for anyone to seek damages for anything. What confounds me is that both lawyers and persons will go looking for this kind of money to try to gain something from a bad situation. Again, I don't have a problem if there was negligence - but for most of the tort that I see advertised, it is a known risk of taking a chemical into one's body. Now, since about 2 out of 3 elected representatives are lawyers, it is unlikely that there will ever be meaningful tort reform. The March 14, 2012, issue of Forbes magazine had this to say: "The actuarial firm Towers Watson estimates that in 2009 the cost of the U.S. tort system was $248.1 billion dollars, which is nearly 2 percent of U.S. GDP and represents $808 per American. A price tag that high has severe consequences for our economy and U.S. businesses." It goes further, "...As a 2011 U.S. Chamber of Commerce report on tort costs notes, the total transaction costs (the cost of defending lawsuits) for 20 of America’s largest companies that participated in the study increased 112 percent from 2000."
Seriously, it's time for all us average Americans to wake up and say no to frivolous lawsuits. There is a need to protect people, but not to the tune of 2% of the GDP. Along with Department of Defense restructuring, this needs to be a priority to allow the U.S. economy to get back on track. Something to think about for your weekend - it's a social justice issue that could free up a lot of cash to do a lot of good. It certainly would be put to better use than lining a bunch of lawyer pockets.
Peace for the journey,
DAn
Labels:
adverse effect,
blame,
cost,
defense,
injury,
law,
lawyer,
negligence,
reform,
tort
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