The Judicial System Is Anything But Just

By Paul LaRose, M.D.

Finally, we have a medical liability reform bill in Florida, for what it’s worth. By all accounts, it doesn’t appear to be worth much. We’ll just have to wait and see if our insurance premiums stabilize and if we even have insurance companies left in the state. What’s really sad and frustrating though is the fact that our system of "justice" is so unjust. A cap on non-economic damages (i.e. mental anguish, pain and suffering) may help to keep the rates from being completely unaffordable, but doesn’t address the basic evil aspects of our country’s "personal injury industry."

The trial lawyers have succeeded in fashioning a system whereby people are encouraged not to take any responsibility for their own choices and actions (i.e. the anti-tobacco litigation). They are encouraged to try to find someone else to blame if they suffer any kind of misfortune in life.

Anyone can sue for anything, no matter how frivolous. It makes no difference what the truth is. A jury may still find a doctor liable for millions of dollars even if he did nothing wrong and practiced the standard of care. If a doctor gets sued, he’s not allowed to be judged by a jury of his peers (i.e. other doctors, who may have some idea of the medical science involved). In our so-called justice system, a murderer is more likely to be exonerated than a doctor who is accused of malpractice.

Everyone in the medical profession, as well as any business that contributes positively to our society realizes how grossly unfair our legal system is. This personal injury industry steals billions of dollars from the poor (citizens of our country) to give to the rich (trial lawyers). Neither do they give much benefit to the injured parties. If someone dies, the lawyer can’t bring him back. If someone is injured, the medical profession takes care of him, not the lawyer. And if an injured person is unable to find someone to blame, then he gets no compensation.

Obviously, there is a basic disorder of values in our society. Our culture is schizophrenic when it comes to the value of a human life. If someone’s death occurs in the course of medical care, the lawyer and patient’s family may recover millions of dollars, but when a doctor saves a person’s life, he’s lucky if he gets paid at all. Yet from our Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal". Therefore, it’s completely logical that a doctor should be paid one million dollars every time he saves a person’s life.

OK, I know that won’t happen. How about this? I have suffered a great deal of mental anguish over this liability crisis. I may not be able to make a living due to the high overhead. I may not be able to get insurance. I may have to leave the state. Millions of patients will suffer as a result of the resulting shortage of doctors. This is all the result of a system perpetuated by a group of immoral, greedy trial lawyers and corrupt politicians. We should file a class action lawsuit for $100 billion against the "personal injury industry" to right this injustice. I want to be compensated for my mental anguish.

Again, I may be accused of wishful thinking. But judging by history, I am afraid that there will have to be a major disaster (i.e. 9/11), with masses of people dying and unable to get medical care, before our politicians will come up with an effective, reasonable, and just solution.

Paul LaRose, M.D., practices obstetrics and gynecology in Pensacola, Florida. Dr. LaRose was previously president of the Pensacola OB/GYN Society and Chief of OB/GYN at Baptist Hospital. He is currently Chief of the Medical Staff at Baptist Hospital. A version of this piece first appeared in newsletter published Baptist Hospital.

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