Wednesday, March 11, 2009

Combined sacrifice? the exception

We have all been asked to make sacrifices for the sake of the economy. Laborers, manufacturers, health care workers, small business owners, and even some government workers have been asked to make obligatory sacrifices (? isn't sacrifice by definition voluntary?). The only group that I have not heard in connection with sacrifice is the lawyers. Not one time during these difficult times have they been targeted to give at all. I am sick and tired of the lawyers being immune from any government intervention. The reason is obvious since the ones demanding sacrifice are either lawyers themselves ( a large majority of the politicians) and/or are bought off by the legal profession. The conflict of interest exists where many politicians have friends or relatives in the legal profession or plan to rejoin the profession after their political stint. Thus they are loathe to do anything that would reduce their compensation.
It is well known that the cost to the economy by the lawyers is significant. The cost of litigation of class action suits and judgements against large business, the fear of small business getting sued by a litiginous customer or employee, the cost to local governments of ridiculous lawsuits, the cost shouldered by doctors for malpractice insurance are a tremendous burden on the economy.
Ultimately these costs have to be passed on to the consumer/tax payer. If these costs were reigned in, it would have a dramatic effect on all aspects of the economy.
The lawyers will defend that they protect the little guy against the big corporations. In fact, they strive for jackpot juries for the few (mostly themselves) and leave the rest of us paying the tab. Is that where we want to be as a country and society? Do we want the lawyers putting this burden on business which causes a loss of jobs so few can win the lottery? I say now is the time for CHANGE, Mr. Obama. Lets hear ONE TIME you identify the legal profession as a problem that has been going on for too long, is a huge strain on the economy and needs to be reformed for the sake of the future of this country.
If you want to reform health care which you claim is so important to the economy you must reform the malpractice issue simultaneously. As a doctor I routinely order tests to avoid a lawsuit even if the chances of finding an abnormality are miniscule. I cannot take the chance of missing the one in a million abnormality because that might result in a lawsuit. This greatly increases the cost of care.
I am pessimistic that any change will take place that will alter the current legal situation . The structure is stacked in favor of the lawyers and we all pay for that. Now in addition to the congress being mostly lawyers we have the president and vice president both lawyers.
The pharmaceutical industry can no longer give me a pen with their name/logo on it because of a conflict of interest as a pen may distort my ability to prescribe medicine (ridiculous). Isn't it a greater conflict of interest where the legislators (mostly lawyers) have to police and regulate those in their own profession. Lets see if anyone will be brave enough to demand that the lawyer sacrifice.

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