Earth to President Bush, carping HMO CEOs–the Patient’s Bill of Rights is not about whether a small handful of lawyers make more money than you and I could ever dream of. Nor is it about "unnecessary and expensive litigation." It’s about whether or not we the people have a right to seek redress in a court of law before a jury of our peers and be fully compensated for damage that is knowingly and sometimes maliciously committed against us.
So why do the fat cats of the insurance and medical industries and their politicians always want to artificially cap damage awards to persons they injure and decry any argument against such caps as "padding lawyers’ pockets?"
As I have learned, the answer is that the few lawyers and law firms that have reaped huge profits in contingency fees cases necessarily need huge capital reserves to fight and win against ruthless corporate opponents that are much more well-endowed than most lawyers and law firms. The damage-capping insurance and medical industry forces know this and therefore when they are rightfully sued, they don’t want an opponent worthy of their stature. They want to be the Nazi Panzer Battalion in a blitzkrieg against the Polish Cavalry. They know that without the right to go to court, patient’s rights are meaningless. (A law without a penalty and the ability to enforce the penalty in court is not a law but a wish). So by capping damage awards and barring access to the courts, they disarm their opponents and are free to hurt, maim and kill with impunity.
Trying to limit attorney’s fees by capping damages and limiting access to the courts is like trying to stop the spread of AIDS and limit the profit the medical industry makes from this fight by limiting the amount of treatment given the victims. Under both scenarios, it’s not the lawyers or the doctors who lose, it’s the victims, and it’s the wrong approach.
Just as beauty is in the eye of the beholder, all litigation is always "unnecessary and expensive" in the eyes of the wrongdoer. President Bush and his lackeys, many a wrongdoer among them, want to take your rights away. Don’t stand for it. Don’t allow the rich to artificially limit your access to the courts, nor limit your right to be paid 100% for the damages caused to you. If you think your lawyer’s contingency arrangement is too high, don’t sign the contract. Shop around. It’s the American way, whereas the regressive legal system the Bush administration wants is the Communist way.
Loren M. Lambert
July 3, 2001 ©
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