Re: OT: I Am Voting For Hillary!!!




"MZ" <mark@xxxxxxxxxxx> wrote in message
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"Skeptic" <bcs002b@xxxxxxxxx> wrote in message
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"MZ" <mark@xxxxxxxxxxx> wrote in message
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"Tru Davies" <Sen to newsgroup> wrote in message
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On Sat, 26 Jan 2008 11:12:06 -0500, "MZ" <mark@xxxxxxxxxxx> wrote:
You talk about the lawyers raping the system -- how do they do that
without
government designing the laws in their favor? You can't point to
shortcomings in the *legal system* and then blame that on business.
They
don't make the rules.
Bear in mind all of our laws are written by congress people, most of
whom are lawyers. (I belive all but a handful of congress people
are lawyers.)

Oh and i'd point out Mitt Romney, and others
are lawyers too.

Bashing lawyers though is a two way street. Yeah people bad mouth
lawyers but then when you're arrested for murdering your wife/boss/
co-worker who is the first one you call?

Also when you talk about frivilous law suits it depends on what side
you're on. If you're driving down the highway and a 12 ton peice of
ceiling falls on your car kiling your wife that isn't a frivilous
lawsuit for you. If you're Bechtel Parsons it is a frivilous lawsuit.
All comes down to prospective.

I'm not "bashing lawyers", per se. [Although, I think there's a pretty
big difference between ambulance chasers and defense lawyers, but that's
another topic.] What I'm saying is that you can't sit there and point
the finger at big business or, conversely, at malpractice lawyers for
operating within the guidelines that government has set up. It's the
job of the government to change those guidelines if they're being taken
advantage of (although, admittedly, that's easier said than done -- look
at torts). But I think it's a good start to at least assign blame where
it properly belongs.

That's letting people off the hook WAY too easy. Sure, malpractice
lawyers aren't all out there breaking laws (though some do). But while
their methods of obtaining business and pursuing suits may be within the
bounds of the law, they are WELL beyond the bounds of what any meaningful
definition of "moral" would be. Making something legal doesn't make it
right any more than making something illegal makes it wrong.

Fair enough.

But how do you put an end to frivolous lawsuits while at the same time
leaving that avenue open for people who are legitimately wronged? There's
probably no easy solution. And I'm not sure where Barnabas came up with
the idea that I was "bashing" the entire profession.

We agree then. One of the biggest tragedies with the current lawsuit-mania
is that the few *real* lawsuits that deserve more attention are
marginalized. Some states have adopted screening panels with mixed
results - like a Grand Jury but with some knowledge on the issues at hand.
Caps on awards probably work but only to a limited extent. One small step
I'd implement immediately would be to have the losing party pay all court
costs, fees, etc. That would cause some of the blatantly frivolous lawsuits
to go by the wayside, and fast. Another thing that I'd probably do ASAP
would be to limit the number of lawyers graduating every year. The current
"eat your partner before he eats you" atmosphere is driving much of this.
Too many lawyers for too few (real) cases. You can keep competition but
still control the field. There's no one single solution, but the entire
tort system needs a complete revamping. The tort system as it pertains to
healthcare needs it ASAP as it is literally killing some fields of practice
and changing (for the worse) how medicine is practiced. I wouldn't even
want to venture a guess how many times I've ordered a test knowing it's
totally unnceccesary but not doing so would open me/my hospital/my practice
up to potential litigation.



.



Relevant Pages

  • Re: OT: I Am Voting For Hillary!!!
    ... government designing the laws in their favor? ... shortcomings in the *legal system* and then blame that on business. ... whom are lawyers. ... guidelines that government has set up. ...
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  • Re: OT: I Am Voting For Hillary!!!
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  • Re: OT: I Am Voting For Hillary!!!
    ... government designing the laws in their favor? ... shortcomings in the *legal system* and then blame that on business. ... whom are lawyers. ... operating within the guidelines that government has set up. ...
    (alt.sports.football.pro.ne-patriots)