Friday, March 7, 2014

Pain and Suffering, Mental Distress or Punitive Damages. Pick one.

We like to sue people. Lawyers love to see people who want to sue and suggest they sue for more than they expected to be rewarded. Juries love to see large amounts awarded to people when the defendant is found guilty as this is money coming from insurance companies. The ultimatum to any threat is to defend with words, I will sue you. That's right, if you have been wronged you want payback. You are ready to sue. If someone threatens to hurt you, you counter with the threat to sue.

I can say, without doubt, If we are offended, in any way, we want retribution. We want the other side to be punished. We want vengeance. We want justice.

We want to be compensated for what we, or our lawyer, feel we lost, converted in to dollars and taken away from the livelihood of the guilty. We want their money and everything that money buys. We want them to feel pain, we want them to suffer, we want them to be distressed, we want them to be damaged, to be broken down. We want to take away their self-esteem. We want them to be shamed. We want to see them taken from their family and those who are family members, we want their lives to be ruined as well.

In doing such, the Plaintiff is happy. You are happy with the events.

As I ponder on what I wrote above, I believe the only thing we have not included in retribution, in our society, is the signing ceremony for the signature of the guilty on the Document of Ownership of your soul being turned over to the Devil.

The underlined words are also the results of a person living with a severe mental illness who has had a crisis. I know this to be true, not by learning about mental illness, I lived it. It happened to me yet I had committed no crime. I experienced it without being charged of offending or threatening anyone.

Therefore, I can conclude that it is correct to change the word 'sue' to 'make you live with a severe mental illness and have gone through a crisis'.

A sample letter could be written this way:

Dear Doctor Smith;

I am extremely unhappy with the colonoscopy that you performed on me on February 4, 2008 and your expert reading of such. I have had severe pain on my right side since November 21, 2013. I am now under the care of a Physician who is a specialist of the colon. He obtained my records from the hospital from such time and has found from these records that I had 3 areas of infection that should have not gone untreated. Today my colon has suffered enormous damage which will require difficult surgery.

You will be notified by my attorney that I am filing for you to live with a severe mental illness and to have a crisis on the grounds of malpractice. I have much pain and suffering, had my own mental distress and feel that you should also be punished for your lackadaisical care. This is my last correspondence with you. All future contact will be with the law office of UB Trouble, UN Trouble and IC Money, LLC.


I will become happy when the verdicts is read and receive the money I deserve. It won't hurt the Doctor, he's insured. Although I really don't care what the Doctor's Malpractice insurance premium is, I'm having second thoughts about him joining my peers living with a serious mental illness.






ADDENDUM
Before I published this post, I did some research.

One of the Malpractice Insurance Carriers received $500 million in premiums and have an outstanding balance of $1 billion dollars in unpaid claims. This is a Huge Red Flag.

Everyone in the chain of affordable health care must make a profit to stay in business. When there is such a huge loss at the beginning of the chain, that weak link connected to strong lengths in the chain bursts. The entire chain in health care becomes broken, swinging out of control. This means the costs are out of control as no one has been able to grab the wildly swinging chain. All of the rust on the weak link is caused by lawsuits. Money is going in to the legal system instead of health care, all because we, as citizens, are trigger happy to file suit. The efforts in tort law liability reform has come about too late. Regretfully, affordable health care premiums do not fix the rising costs of the infrastructure in health care.

Are we not the cause of the problem? How many people have $30,000.00 to pay for the upfront legal costs for a lawyer taking your case? How many more people would rather pay their lawyer a commission of the award if you win the case and pay your lawyer nothing if you don't win? Wouldn't your lawyer want to earn more money by raising the amount you are suing for so their commission would be more? Or, would you prefer to raise the commission rate you are paying your lawyer? I believe the answer is obvious. I believe I know who makes the decision on how to pay for legal costs.


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