Malpractice Cases Made Easy
In Justice Douglas E. McKeon’s fluorescent-lighted chambers in the Bronx, a new way of handling medical malpractice suits was on full, and sometimes gruesome, display. Around a polished wood table, lawyers haggled over the price for a lost nose ($300,000) and the missing tip of a finger ($50,000). Justice McKeon, of State Supreme Court, worked to bring about settlements long before the cases moved toward trials. The approach, known as judge-directed negotiation, is seen by the Obama administration as offering states a way to curb liability expenses. So far so good.
But why not our advice and:
- Publish the compensation before the hospitalization.
- Pay off for all adverse events—regardless of fault.
- Get rid of the lawyers and the judge.
NCPA has already thought this out more carefully. I liked your concept when I first read about it.
This does sound better than fighting it out. I hope the judge has the authority to dismiss a flimsy case.
I agree with Joe.
90% of all lawsuits would be settled quickly if judges were more aggressive in pushing settlements.