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 Originally Posted by CoccoBill
I've read about a fair number of ridiculous and outlandish cases, but I'd be interested to know how big of a problem this actually is, and how much of it is exaggerated and used as an excuse for higher fees.
So theres a few things.
1) Unfounded cases get shut down immediately and fail before they even get out of the pleading stage. You cant just file a completely frivolous suit and hope a jury finds for you, because the court will shut it down way before the case even sees the light of day.
2) Lawyers are actually hesistant to pursue a frivolous claim as well. If the opposing side, or the court on their own, determines it to be unfounded and made only to harrass or extort or whatever...then the lawyer can be sanctioned and maybe disbarred.
3) HOWEVER, what constitutes a frivolous claim is what is at issue here imo. Theres certainly justifiable cases, such as when a doctor leaves a pair of forceps in someone's stomach or removes the wrong leg. These things happen, but obviously the patient has a right to compensation.
Then there are other cases where its not so clear. The patient may be injured...but in what way and how bad matter.
If a surgeon promises to give someone a "better nose", and fails, can the patient sue? Certainly. But that is something that is silly to me.
4) The other problem rests with punitive damages. Believe it or not, the courts do not normally give you vaults of cash for getting injured. If you win, they give you the costs of things like medical bills and attorney fees. They will attempt to reimburse you for lost wages and such, but you'd have to prove "pain and suffering" if you want that and you still wont get much in that case.
Punitive damages, however, are where these vaults come from. The lady that spilled 130 degree mcdonalds coffee on herself and sued got punitive damages iirc. These are designed to 'punish' corporations/doctors/whoever for their negligence and to push them towards better practices. However...the fear of punitive damages also gives rise to costs.
TLDR: Completely unfounded cases dont happen, but there are many cases of unclear injuries as well as rewards of punitive damages that would contribute to a rise in medical expenses.
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