I wanted to take the opportunity to compliment Kirby on the excellent article he wrote concerning medical malpractice caps. He put his finger on the very problem. Caps are not about curbing frivolous lawsuits. Frivolous means "without merit." Caps are intended to suppress meritorious medical malpractice lawsuits. Most people would think that if the cap is $350,000 the defendant would offer $350,000 to the injured plaintiff and be done with the matter. To the contrary. Because the cap of $350,000 is not high enough to scare the medical malpractice insurance companies, they simply stonewall the plaintiff and either offer nothing or very little.
I have been concerned for years about medical malpractice insurance companies attempting to shift the responsibility for financial compensation for injured victims from the insurance industry to the taxpayer. By use of lobbyists and campaign contributions, the insurance industry has influenced senators and congressman to advocate this for them. Amazingly, these senators and congressman have portrayed themselves as being "conservative" when, in fact, advocating shifting this burden from private insurance companies (who have been paid premiums) to the taxpayer is anything but conservative. Thank you for shining a light on this situation.
Ronald Arthur Lowry
Past President, Cobb County Bar Association
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I take a risk when I ask someone else to do anything for me. I expect them to do their best, but mistakes happen. We are all human. We all make mistakes every day, some every minute. But are we sued for these mistakes?
No. If there is fraud, that is another thing. But most of these lawsuits are just people, expecting others to be perfect so that they can make some money.
What a sad state of affairs, you lawyers have made this country into. there is not more self responsibility anymore.