2003 Soap Box Archives

Tort Reform 03/10/03

For years now the Congress has been talking about tort reform
legislation, a bill which would limit collectable damages in certain
types of lawsuits.

The lawyers are up in arms about it and have their propaganda machine in
full throttle trying to convince the public that limiting liability
would not be fair to the injured parties.

Well that dog just won’t hunt. I believe the truth of the matter is
that the law would limit the amount of fees the lawyers could collect
and that’s what they’re so upset about. If they’re so concerned about
the welfare of their clients why do they often take the lion’s share of
class action law suit settlements. Why don’t they let most of the money
go to the parties who deserve it, the ones who have been harmed.

And let me here enter a caveat. I don’t believe that all lawyers are
money grubbing opportunists, there are good and honest lawyers too. And
don’t get the impression that I am against people suing for legitimate
grievances.
But i know for a fact that there are attorneys out there who try to
persuade people to sue whether they are hurt or not, just to make
someone pay, and getting hundreds of thousands of dollars for spilling
coffee in your lap is way beyond the pale.

We’ve all read about the silly lawsuits and the unbelievable amount of
money that has been paid out. We laugh at the foolishness because it
sounds like a joke. The sad fact is that it is not a joke. Did you
ever stop to think that every dollar these unprincipled attorneys can
persuade a jury to award has to be made up by somebody?

That’s right folks, and guess who that somebody is? We the people, you
and me and all the other hard working unsuspecting stiffs out there.
We pay it in higher insurance premiums, higher consumer prices and
higher medical costs.

Medical malpractice insurance prices are spiraling out of control and if
something isn’t done soon the day could come when small towns in America
could lose most if not all of its quality physicians.

Of course, some of the blame for the medical debacle has to be laid at
the door of the American Medical Association. Their failure to properly
police their profession and their reticence to take away the license of
the incompetent who practice under their auspices are the source of a
lot of the trouble.

Of course, the same could be said for the American Bar Association.
There would be a lot more respect for their profession if they would
purge their ranks of these ambulance chasers and establish some
guidelines on their own.

As rampant as the problem is and as aware as Congress is of the
situation, I seriously doubt if they have the guts to pass meaningful
tort reform legislation for two reasons.

First, is the money heavy legal profession lobby and second, what is
Congress made up of? That’s right, mostly lawyers.

We’re going to find out in the next few months who the government cares
the most about, the ordinary people of the United States or a bunch of
greedy, unprincipled lawyers who care nothing for the trouble they’re
causing as long as it fattens their bank accounts.

Love of money truly is the root of all evil.

What do you think?

God Bless America,

Charlie Daniels