Frivolous Lawsuits
October 8, 2002
October 8, 2002
In recent weeks I have talked about the stupid lawsuits filed against restaurants. Their customers get fat and they want to blame the restaurant.
This explosion of frivolous lawsuits is an even bigger national problem than the above example. You may have seen Philip Howard on television or read his book, "The Collapse of the Common Good: How America's Lawsuit Culture Undermines Freedom." He argues that "fear of being sued infects the daily decisions of every American. It has changed the culture. Americans no longer feel free to act on their reasonable judgment." He is right.
Doctors practice defensive medicine ordering unnecessary and sometime harmful tests. Here is what we face. Doctors deciding against delivering babies, hospital closing. Employers refuse to give honest references. Teachers and principals live in fear of being sued. Diving boards are removed from swimming pools. If you think health care is expensive, the cost of insurance is a big reason. Malpractice insurance has gone through the roof. The health service for people in Mississippi has suffered a melt down. Doctors, hospitals are leaving the state.
Every company that sells something feels they must ask their customers to beware of this and that. Buy a ladder and you'll find a warning on it to be careful that you don't fall. You may get hurt! Everything we buy or use in daily life costs more because everyone is afraid of a lawsuit. Farmers can be sued by people coming onto their property even if they are trespassing. Your tractor costs more because of lawsuits and insurance.
I acknowledge that there is a place for some lawsuits but the situation is out of control. Trial lawyers have become entrepreneurs of legalized extortion. It's time we did something about it.
Until next week, I am John Block from Washington.