2 Comments

Leave it to a lawyer to construct a system which is even worse than the current one. Under this proposal it appears the doctor is taking absolute liability for any untord outcome from illness.

At least under the current system, the plaintiff has to at least make up some sort of theory, hairbrained or not, to explain how the doctor is at fault. The doctrine of “possible recovery” would allow every bad outcome to become a bonanza.

Lots of people with pneumonia with pneumonia die. For all of them recovery is possible, even likely. But it is not possible for all of them to recover.

I wish my stock broker would insure me for any possible good outcome.

Under this “liberal standard of liability” we will bankrupt the entire medical system.

There are two major problems with the current tort system. One is error in accepting “hairbrained” theories – estimated at 80% of the time. The second error is in magnitude of award, too often the total lifetime earnings of several average hard-workers people.

I agree that soecial courts by themselves are not the answer as their awards would be entitlements to funds from hidden taxes.

I believe that patients should have to carry adverse outcome insurance. Such insurance could provide for the extra expense for a child with a serious birth defect without providing a bonanza to the child’s family and without destroying a doctor for not performing a miracle.