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Old 12-06-21, 05:44 AM
  #8688  
MoAlpha
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Originally Posted by Mojo31
This statement is not as true as one would believe. Sure, you can sue and allege anything you want, but the following do a pretty good job of keeping suits to real claims:
  • The cost of litigation - Lawyers are not typically filing suits that they don't believe have a high likelihood of success if they are taking it on a contingency fee basis. We have to weigh how much of our time and money we want to devote to a case that has a low possibility of success. If the client is paying the fees and costs, they don't typically want to foot the bill without a good chance of winning.
  • Court procedures - There are penalties for bringing frivolous cases, and they do a pretty good job of keeping those out of the courthouse. I can recount maybe one case in my 37 years that was frivolous
"You can sue for anything" has simply become a rally cry for those that do not understand the courts and their procedures. There's not really much substantive truth in that statement.

The bigger issue is medical billing practices. The high prices and subsequent insurance markdowns are used to spread the cost of medical care across society. If you are afraid of "socialized medicine" then you need to realize that it's already here. It's just that the insurance companies are the ones socializing the cost of medical care.
During my days as a hired gun, mainly for plaintiffs around the country, I shut down some real garbage suits which already had certificates of merit from medical hacks and complaints filed. I was presumably saving them money, but I wondered what kind of cases were subsidizing my considerable hourly rate.
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