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You can still sue a doctor or hospital for malpractice. EDIT (answering the responses): - Overseas you can buy a cheap insurance policy to cover the cost of a
by curt 13y ago
You can still sue a doctor or hospital for malpractice.
EDIT (answering the responses):
- Overseas you can buy a cheap insurance policy to cover the cost of a lawsuit. The underwriter determines your likelihood of success and charges accordingly.
- You really think regulations stop that from happening now? People still get the wrong limbs operated on and amputated.
- untog 13y agoIf you're still alive, yes. And even then, if you were paralysed from the neck down (for example), would you really be able to enjoy the millions you got in court? Financial compensation for crippling illness always struck me as quite strange.
- mseebach 13y agoThe point of financial compensation isn't really to compensate the victim (or their family), it's to push the cost of the externality created back onto the provider, giving an incentive to act sensibly.
- kmfrk 13y agoLawsuits aren't free.
- wyager 13y agoThere are shitloads of lawyers who pick up malpractice lawsuits on contract, saying that they'll do the case for free if they get x% of the winnings.
- fancyketchup 13y agoJust thinking out loud, not making a judgement: I wonder if the overhead from lawyer's fees would turn out to be any less than the overhead from government regulations.
- deleted 13y ago[deleted]
- gte910h 13y agoCase law is still law. Libertarians who think "SUE SUE SUE" is the answer really frustrate me: It's random judges picking the law instead of elected reps
- burntsushi 13y agoPeople who think "throw more politicians at the problem" really frustrate me: they are a bunch of random people seeking more power for themselves.
- rayiner 13y agoI've always found it a bit strange that libertarians' solution to everything is always "sue!"
- dreamdu5t 13y agoI would rather have judges, in a court case where parties get to represent themselves, applying common law, with a jury of my peers deciding the verdict... than random idiots elected by a bunch of other random idiots I don't know make laws without my input.
- gte910h 13y agoJudges create case law, over and over. Common law was created that way, and tons more is created that way every day. I don't know why you assume this is better that popularly chosen law.
- dreamdu5t 13y agoCommon law is popularly chosen law created by the people. Statutory law (almost entirely with the exception of a few states and their referendums) isn't. Statutory laws applying to 350+ million people are crafted by 435 people.
- gte910h 13y ago>Common law is popularly chosen law created by the people No it's not. It's case law from England. It's created by judges.
- untog 13y agoYou really think regulations stop that from happening now? Should we stop sterilising surfaces because it only protects you from infection 98% of the time? Regulations are far from 100% successful, but yes, I do believe they reduce the number of accidents.
- bane 13y agoGood, the the incentive moves to kill the patient rather then try to save them from an accidental complication. Dead patients can't sue.