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When I hear, "It would never happen to me." I think, confidence kills and it will kill you just like it did my father.

By Steve Lombardi

FRIVOLOUS DECISIONS RELY ON FACTS THAT RARELY EXIST.

CRITICAL FACTS SHOULD NEVER BE ASSUMED WITHOUT DEFINITE PROOF

I saw this statement in an advertisement: 'It would never happen to me.'

The quote was by a young girl. Reading it got me thinking about several aspects of tort reform. This is the same assumption of most everyone who votes to limit the rights of the injured to receive compensation when someone else causes the injury. It has to be the one assumption we, no not we, you make. With few exceptions there can be no other explanation for working people to believe much of what is said to be true about the need for tort reform.

It was a People Magazine ad, on page 74 of April 27, 2009 where I read these words from 14 year old Rachel Kramer; about the day before she was diagnosed with thyroid cancer. Her complete statement is:

'It would never happen to me. I've got bigger things to worry about, like homework, friends and all the cute upper classmen.'

Rachel Karmer, 14, the day before she was diagnosed with thyroid cancer.

It's an ad for Light of Life Foundation, www.checkyourneck.com. They warn that 'Confidence kills.' And I would have to agree.

A FALSE CONFIDENCE THAT KILLS YOUR WALLET WHILE FILLING THEIRS

It's the confidence you have that it, meaning malpractice of any sort, will never happen to you. I hope it doesn't and I hope if and when it does that you aren't one of the unfortunate ones who die or live a life altered by the preventable errors of the professional you trusted. It did happen to David Fitzgerald, a proud Texan who every hospital bound patient needs to know about. Because of the medical care he received both arms and legs were amputated.

Think about this: If it does happen to you, ask yourself, will you be willing to accept that no exception can be made for you?

Remember that tort reform isn't just about medical malpractice, it's about all forms of professional mistakes that pass the cost of those mistakes onto you; the patient or client. So before you make the assumption it won't happen to you, ask yourself these questions.

• Will you be willing to lose your life savings?
• Will you be willing to watch a loved one die without the resources to financially care and support them?
• Will you be willing to watch the responsible party go on without a change in their life, while your family suffers the consequences?

When you give any amount of thought to what tort reform really means you'll see it's not about that fictitious greedy plaintiff playing some equally fictitious litigation lottery game. No siree, it's about you. If you can say that about yourself then I guess maybe it does apply. But we both know it doesn't and so it's about someone like you that just was unlucky to have been maimed or killed by a preventable medical mistake. And it's the luxory of not being the unlucky one that allows you to call them the greedy one.

THE HEART AND SOUL OF TORT REFORM

Ultimately we get to the heart of tort reform; it's about money and who is going to pay for professional mistakes. It's about professionals wanting you their patient or client to pay for our mistakes. Currently the medical profession is the only profession asking for that kind of protection; protection not for you the patient but from the patient and for the professional, the high earning professionals. It's not just doctors, it's hospitals, hospital employees and even stock brokers like Bernie Madoff. Stock brokers presently have the ultimate protection; they have mandatory arbitration.

THE FORMS OF TORT REFORM

1. Tort reforms come in several different forms, like mandatory arbitration clauses inserted into the fine print of cell phone contracts and stock broker representation agreements.
2. It can come in the form of a conservative judge predisposed to a way of thinking and appointed in your states and federal courts.
3. Tort reform is federal preemption that completely takes away your right to seek redress.
4. Tort reform is an under-funded federal agency already with too much work to do approving a medical device and by doing so the law makes the manufacturer immune from suit.
5. Tort reform is a billion dollar advertising campaign that changes the way people think and vote in the jury booth because they are prejudiced against one party or the other.
6. Tort reform is a political campaign that brings in the campaign contributions using slogans that prey on unfounded beliefs and prejudices.
7. Tort reform is making you believe a crisis exists where none exists.
8. Tort reform is making you believe something will improve by changing something that has nothing to do with the existing economic challenge.
9. Tort reform is about saving money by those making the most mistakes.

The economics of tort reform affect your wallet by devaluing your quality of life. So ask yourself these questions.

• Are you insured to cover the losses that tort reform makes you pay?
• How much disability insurance are you carrying?
• How much medical insurance are you carrying?
• How much life insurance are you carrying?
• How strong is your marriage?
• How many hours a week can you children work while trying to study in college?
• How much extra money does your family have to spend on counseling in order to get on with life?
• How much have you and your spouse saved so that your spouse can someday retire, if something happens to you?
• Do you really trust your stock broker?
• Do you really know how many surgeries have taken place before the one you're about to undergo?
• Are you sure someone on the surgical team has read your chart?
• How willing are you to give up all future vacations or trips to see the grandchildren?
• Before going under anethesia do you have $10 million in the bank?

SHIFTING THE COST OF PROFESSIONAL MISTAKES

Remember with most tort reform the burden of loss is simply shifted to you; the injured or dead it doesn't matter, take out your wallet and get ready to pay while the other party goes on vacation.

If you can answer yes and can say $5,000,000, then by all means vote for tort reform; but if your professional mistake lottery ticket gets picked and that bad-something happens to you, just don't bother going see an attorney. It's not that we won't care, we will, but there is nothing we can do for you. While doctors may threaten to quit medicine, lawyers don't threaten anything; we just won't take your 'case'. We can't it's not economically feasible to take your case. We pack up and just go home for the night.

MAY IS TORT REFORM MONTH ON THE INJURYBOARD

So join us on the InjuryBoard for a month of tort reform discussion. It will be far reaching, thought provoking, emotionally charged, introspective and in the end it's all about the few, the proud, the maimed. I've asked a guest blogger to join us. He's a guy that is involved with medical malpractice insurance for the medical industry. I'll introduce him later this week.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on May 01, 2009 (boomark / email).