Sunday, December 05, 2004

... But It Will Be More Fair, Right?


With little regard for the facts, the mechanics of the legal system, or how their own "tort reform" lobbying efforts have contributed to the situation, it is not unusual to hear doctors complain that malpractice cases should be taken out of the court system and shifted into a non-adversary, fact-finding system where lawyers play a smaller role.

The actual deficits of the tort system should be acknowledged, and to the extent possible we should work to rectify them. But as the L.A. Times indicates in its discussion of various travesties of justice which have occurred under the federal Vaccine Injury Compensation Program, in some situations the type of "cure" demanded by these doctors is significantly worse than the disease.

(Thanks to mythago for bringing my attention to the article.)

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