Vox Populi

Posts Tagged ‘Hot Coffee’

Hot Coffee, torts and the Greater Good

In broken tort reform, debunking the myth, ideology, Think tank, undo tort reform on October 25, 2011 at 8:01 pm

It wasn’t until after I posted, what I thought was a rather eloquent comment, that I realized that the conversation over the documentary Hot Coffee over at the defense-attorney run site Abnormal Use had run itself out back in September and that, alas, my wise words were to go to waste.

So, I am reproducing them here:

I find both the initial “review” and especially the comments at times insight and always engaging.

A few items: a “review” turns to an apologetic when ideology intrudes. I fear this turns toward the latter.

The tort system, as one commenter has noted, works when a jury level-sets the community standard which, over time, settles into a remarkably fair system for recourse and redress. That is, if it is left to regulate itself. Already, at least in my state, there are court rules that define frivolous as well as the penalties for presenting one. Anything else is just biasing the judiciary, which helps no one.

But there it is, the communal tone that, yes, underlies my comments–the larger good should be noted. With “tort reform,” the right to redress malpractice (which is one of the only real means of eliminating harmful physicians) becomes harder, even to the point that rights are neglected, bad medicine continues and protective and beneficial policies and procedures go unaddressed.

Was the coffee too hot? No, the coffee, which is supposed to be “hot” was, actually, “scalding” (for those who work with the plain language of statute, this should not be too quickly overlooked).

I do not order scalding coffee, nor do I have a reasonable expectation of doing so. I have an expectation of getting hot coffee just as I have the reasonable expectation that when I see a physician I will receive care and aid. When this doesn’t happen, then my open avenue to recourse allows me, a single individual, to influence the system, however minute, toward a greater benefit for both myself and others.

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