emilynghiem
Constitutionalist / Universalist
Dear Foxfyre and CCJones: The whole legal system needs to be revamped.
Lawyers will tell you if they cannot receive enough compensation it costs to pursue
big cases against big corporations for legit class actions damages (such as Paxil where they cheated on tests/warnings/referrrals to prescribe drugs to women during pregnancy and created deformed babies whose health care will cost millions in medical costs)
then these injustices will not be addressed.
Civil Rights issues are already neglected because lawyers cannot afford the work
it takes to research these on a probono basis, and/or with no way to pay the expenses
in advance much less guarantee any recooperating costs after they win or lose, etc.
This is NOT EQUAL JUSTICE UNDER LAW.
We either need to sandblast that slogan off the Supreme Court Bldg,
admit the legal/justice system is in breach of Constitutional contracts,
or else create a peace division under the justice system that gives
parties the option of mediating for free to reach consensus on restitution
for damages so we can actually have "free speech and press, right to
petition and unabridged due process". Without consensus on decisions,
how can we promise equal protections of the laws, when politics
buys and sells one side out or the other. To be EQUAL then both
sides' interests must be accommodated with respect to the other.
Thus, mediation and consensus based decisions would be required.
If we only hired lawyers to pursue constitutional solutions, what a
great country we could be again. We could hire lawyers to collect
damages and debts on behalf of taxpayers and quit selling ourselves and justice short.
Just follow the laws already on the books, and we'd all have to
mediate, resolve conflicts and agree on fair restitution and corrections:
ethics-commission.net
If we keep using money to decide justice and politics, we'll never be equal.
Especially not with corporations having both individual rights as persons
under the Constitution but not equal responsibility as Govt for not
abusing collective influence/resources/authority to respect the Bill of Rights.
That's what has most thrown off our balance of power and separation of powers.
Corporations have crossed the line between individual and collective authority
WITHOUT adequate check and balances, but take advantage of both sides!
Lawyers will tell you if they cannot receive enough compensation it costs to pursue
big cases against big corporations for legit class actions damages (such as Paxil where they cheated on tests/warnings/referrrals to prescribe drugs to women during pregnancy and created deformed babies whose health care will cost millions in medical costs)
then these injustices will not be addressed.
Civil Rights issues are already neglected because lawyers cannot afford the work
it takes to research these on a probono basis, and/or with no way to pay the expenses
in advance much less guarantee any recooperating costs after they win or lose, etc.
This is NOT EQUAL JUSTICE UNDER LAW.
We either need to sandblast that slogan off the Supreme Court Bldg,
admit the legal/justice system is in breach of Constitutional contracts,
or else create a peace division under the justice system that gives
parties the option of mediating for free to reach consensus on restitution
for damages so we can actually have "free speech and press, right to
petition and unabridged due process". Without consensus on decisions,
how can we promise equal protections of the laws, when politics
buys and sells one side out or the other. To be EQUAL then both
sides' interests must be accommodated with respect to the other.
Thus, mediation and consensus based decisions would be required.
If we only hired lawyers to pursue constitutional solutions, what a
great country we could be again. We could hire lawyers to collect
damages and debts on behalf of taxpayers and quit selling ourselves and justice short.
Just follow the laws already on the books, and we'd all have to
mediate, resolve conflicts and agree on fair restitution and corrections:
ethics-commission.net
If we keep using money to decide justice and politics, we'll never be equal.
Especially not with corporations having both individual rights as persons
under the Constitution but not equal responsibility as Govt for not
abusing collective influence/resources/authority to respect the Bill of Rights.
That's what has most thrown off our balance of power and separation of powers.
Corporations have crossed the line between individual and collective authority
WITHOUT adequate check and balances, but take advantage of both sides!
Dblack. . . .
C Clayton Jones had written
And theres no evidence that tax credits, exchanges, and tort reform would even help to lower costs, particularly tort reform'
To which you replied
Agreed.
Disclaime: These two comments were excerpted from much longer posts offered by both of you.
Having worked with medical insurance claims, I would respectfully disagree.
There does need to be a limitation on the size and type of lawsuits that can be filed by opportunistic legal sharks. Pharmaceuticals and the cost of various kinds of testing equipment have skyrocketed purely because if a new drug or procedure does any harm to the victim, these days they can almost always sue and receive damages.
We need laws protecting the pharmaceutical companies who do the R&D and provide a drug with the potential to help millions of sufferers but that contains side effects as all drugs do. Yes, there should be adquate testing and yes, the government should review and approve the drug for sale and use. And THEN, if somebody takes the drug and suffers a known side effect, they have no legal leg to stand on. Only withholding known hazards from the public or other forms of dishonesty or gross negligence should be grounds for legal compensation.
It is positively obscene that you can't turn on your television these days without seeing an ad from some law firm fishing for a class action suit. It is costing we the consumers billions in unnecessary costs while the plaintiffs in the suit collect pittances and the law firms collect mega millions.
And doctors and hospitals should be able to give medically accepted treatment to their patients and not have to order dozens of non-medically indicated tests and procedures to avoid being targeted for lawsuits. That too is costing we consumer billions in the costs of the unnecessary tests and increased insurance premiums while lining the pockets of opportunistic attorneys and helping the patients little or not at all.
There has to be a better way short of denying patients just compensation when there is gross negligence and without restricting our unalienable rights.