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Readers Respond to "A Culture of Lawsuits"

Sky Magazine Discussion Forum, September 29, 2004

In Sky Magazine's online discussion forum, readers responded to "A Culture of Lawsuits," a recent article profiling Common Good's Chair, Philip K. Howard, and our proposals for restoring common sense to American law.

"We operate a small business and have seen firsthand how easily an attorney will bring suit," one person said. "The dollar cost ... is large, but even larger are the hidden costs of time, emotion and energy [that lawsuits] suck from the people involved."

Another business owner added, "Mr. Howard is right on target with this article. I am a business owner in a highly litigious geographical area of the country. It seems anything will set someone off to make the threat of 'I'm going to sue you' and mean it. ... I do act in fear of litigation."

Turning the conversation to medical malpractice, a frustrated physician wrote:

I have been named in several frivolous lawsuits as part of a 'shotgun' strategy where any physician who has had any contact with a patient is named. ... All of the cases have been dismissed without going to trial, but the expense has been tremendous. ... All named parties are forced to hire defense lawyers and then a dizzying amount of paperwork transpires. ...

Parties are often pressured of to settle because of the high litigation costs and potential for massive jury awards. Our group's medical malpractice insurance has doubled in the last three years even though we have no settlements against us. We have also had to stop providing certain essential services for patients because the insurers see them as too risky and will not provide coverage.

Another commenter noted that "doctors who apologize for their mistakes are sued in a very low percentage of cases. Ironically, why don't they apologize more often? They're afraid of being sued."

Do you have a story to tell?

The fear of being sued is undermining our common institutions and our freedom to use common sense. If you have been affected by this trend, tell us about it by emailing hq@cgood.org. Communication with our supporters is vital the success of Common Good's mission.

Read more comments on "A Culture of Lawsuits" in Sky Magazine's on-line discussion forum.