I don’t think I was blaming the lawyers (I am one). I was noting that the insurance companies take advantage of the “trial lawyers” bogeyman to jack up rates. I will note, however (former medical malpractice defense lawyer and hospital attorney that I am), that in my experience, a large majority of medical malpractice cases are without merit, ignore the informed consent document the patient signed, seek compensation for bad outcomes (which are not in and of themselves actionable) and ask for too damn much money in “pain & suffering” and exemplaries, even with the cap.
Colonel, USAFR
Oh no! There is a tale around Little Rock about an insurance lawyer that quit after about 10 years when he realized one day that he no longer had a heart and didn’t believe in pain and suffering. Don’t know what state you practice, but in Arkansas no one hardly touches medmals because of the costs and difficulty of winning. Must have your affidavit before filing complaint. Medmals are specialty work here. Plus, they drag on for friggin years.
From what I have seen, many real true victims just have to suck it up. The pain and suffering is where the plaintiff’s lawyer gets paid, since by definition, all else is compensatory.
parsy, who says congrats on leaving the Dark Side