Less than one-half of one percent of malpractice suits involve something as easy to figure out as a physician leaving something in a body cavity. These types of suits are always quickly settled and have nothing to do with the 40% tax which defensive medicine places on American healthcare costs.
Most of Europe has a civil law tradition which does not automatically entitle a plaintiff to a trial by jury. This is part of the reason why Europe is able to function without collapsing on itself.
In America, we consume ourselves in a Bonfire of the Litigation Vanities, and we do this in practically every type of human activity – adding massively to the cost of doing business in this country and crowding out Middle Class cash wages ever since employment-producing capital truly became free-flowing (around the year 2000) and could move around the planet as easily as air.
The ease with which American plaintiffs can get past a motion for summary judgment and expose a defendant to the massively unpredictable vagaries of a jury is unique to this country. The system was intentionally designed by left-wing law professors involved in drafting the uniform Rules of Civil Procedure so as to increase wealth distribution regardless of what was right or fair.
Our entire legal system due to our Rules of Civil Procedure and the incredible bias towards random wealth redistribution by lay juries has finally started to erode and damage the America Middle Class by forcing capital to deploy only offshore and pushing down worker cash wages – just to level the playing field those workers stuck in this litigation hell and allow them to compete for worldwide employment-producing capital notwithstanding this massive litigation tax on doing business in this country.
Capital won’t pay the tax when it can simply create jobs elsewhere. The forces the cash wages of those people trapped in a particular jurisdiction with nonsensical rules to absorb the cost of those rules created by ideological politicians in their jurisdiction.
In a world of free-flowing capital such as we have today, every single initiative of the Democrats to promote so-called equality and fairness simply increases costs on employers and reduces the cash wages of American workers.
A worker’s comp system for health care injuries would go far to reduce health insurance premiums and allow Middle Class cash wages to rebound by an equal amount.
We should also change the standard for all juries – healthcare and other types of litigation – to “clear and convincing” evidence from the current standard of “more likely than not.”
We should also allow American judges who see thousands of lawsuits to decide questions of fact when ruling on motions for summary judgment. This rule of civil procedure which prevents judges from ruling on certain facts during a motion for summary judgment (I would personally trust a single judge much more than a jury of people who have never before sat through a trial) is the mechanism by which attorneys hold our entire economy ransom and randomly and UNFAIRLY redistribute wealth while taking a third of the award for themselves every single time.
Allowing judges to dismiss ridiculous suits at the summary judgment phase notwithstanding the cynical allegation by the plaintiff’s attorney of some extremely unlikely fact (just to avoid summary judgment) would go far to lowering the massive litigation tax which leftists have imposed on our economy and this in turn would stop the deluge of employment-producing capital offshore and allow Middle Class cash wages to rebound.