Suave,
The term you want is malfeasance in office, not malpractice. I understand what you were saying.
GTO,
Sorry about your Mom. I think you should contact the state bar assn. for your state. The attorney is supposed to represent their clients interest, not their own pocket book. Your case demostrates one of the things wrong with our legal system in that lawyers are a major part of the problem, not the solution.
I'll never foget one of the lectures I had when I was in college in with a Law Enf. major. The lecturer, a lawyer, said that the purpose of a trial is NOT to find truth or demonstrate the truth. He said the "truth" would find its way into the trial rather than being brought in by one side or the other. He also said lawyers had NO responsibility to defend truth in trial.
As a rather naive youngster that got me rather riled up at the system. I thought he was a damned liar just hosing Law Enf. students out of spite in his, for those students, a mandatory class. Later, after being in several trials and watching both defence and prosecutors at work I realised he was right. A sad situation indeed.
I am a staunch supporter of tort reform. Yep I have been sued and sued others as well including the situation that gave me my disability. Do I think I deserved more money, sure but it wouldn't have been necessarily fair. I have seen companies fail in the aviation industry out of FEAR or suits. I have seen a Euro company REFUSE to sell to the US because of the impact of a POSSIBLE suit on them. Until we get a reasonable and rational (huh, what is that anyhow????
) solution costs for just about EVERYTHING is going up due to legal costs and insurance fees.
Yep the insurance industry is there to make a profit. If there was no profit they wouldn't be in the business. They have stockholders to account to and they WANT a return on their investment, They are not charities.
A result of insurance interests is very prevalent in the aviation industry right now. Most insurers have dropped out of writing avuation insurance. There are less than 10 now in the industry. Competition is almost nonexistant and it is getting prohibitavely expensive to insure a small plane. Insurance is going to be a MAJOR cause of the collapse of aviation if this does not change. When you cannot insure a plane, the value of the plane drops dramatically as no one will want to buy it. I found this year, only 2 companies would offer a policy on my plane and I have NEVER had a claim in aviation in 20 years.
When FBO's and others in the industry got hit with premiums that doubled at best and went up in multiples of 100 at worst they shut down. New pilots are not being trained. Older pilots have a hard time getting recurrent training or advanced licenses. No training planes means less business for manufacturers whrich means less planes all around and fewer jobs and it all spirals down.
Think about it, tort reform is NOT about keeping rich folks rich. It's about keeping choices open and costs down for everyone including the poor. Remember people are not FORCED to become health care providers. They can go elsewhere to make a living. The same exists for teachers and others in all public service organizations.
