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Posted by: reasonable1 3 months ago
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reasonable13 months ago
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The problem lies with frivolous lawsuits! The ambulance chasers are going to encourage everyone to sue...it's their nature/job. Perhaps if the losing party had to pay all costs, there would be fewer lawsuits. I am in favor of reducing frivolous suits rather than capping legitimate grievances!
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LightofReason3 months ago
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Frivolous lawsuits do not survive to reach summary judgment. Frivolous defenses are more of a problem as they draw out/stall the courts. Most lawsuits are filed by one corp against another, something like 78% of them.
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Med-mal suits are particularly costly to bring owing for the need of expert testimony to prove breach of standard care, the key element to any med-mal suit. As long as a doctor/hospital meets the standard of care they cannot be sued. Lawyers usually have to front the expert fees which probably start at $5000 and lawyers are already subject to sanction for bringing a frivolous suit.
A big award is very rare except in the South, but that does not make the suit frivolous, indeed winning proves the contrary position. The spilled McDees coffee case was cited as a case of law gone awry, but it was not. Indeed the jury was very lenient on McDees, given it was proven by McDees's own records of 250+ complaints about the excessive temp of their coffee (190 v. the standard 140), that they were recklessly indifferent to public safety (to squeeze an extra cup or two from a coffee pack). The jury did credit 20% of the injury to the woman for spilling the coffee eventhough the excess temp made the cup harder to hold. The judge cut the award even more and after the lawyer's cut and costs she got 400K which I doubt covered the cost of the EIGHT SURGERIES to repair the burns.
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