Comments on: The Wall Street Journal on “Do it Yourself Tort Reform” https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/ Chronicling the high cost of our legal system Sat, 24 Jul 2010 02:27:55 +0000 hourly 1 By: Expert Witnesses - The American Rule https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-27070 Thu, 14 Aug 2008 03:03:16 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-27070 […] I’m reminded of Ron Coleman’s post where he quotes an article describing hired experts as “witnesses having other rational […]

]]> By: Nicolas Martin https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-14452 Thu, 12 Jul 2007 23:22:33 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-14452 Medical Justice also provides members with another physician-patient contract. This contract prevents patients from posting reviews of physicians on web sites such as RateMDs.com. Physicians — members of a state-licensed cartel which regularly engages in anti-consumer practices — should be no more immune from public critique than any other business people. Overlawyered doesn’t like it when restaurant critics are silenced, and it should also be offended when physicians try to prevent public comment on their work.

Rarely mentioned in discussions about tort reform is the privileged legal status of physicians, or that malpractice laws are a product of that status. If it were possible to sue a physician for simple breach of contract — if physicians were subject to the same legal actions as most other business people — many medical malpractice suits would never be brought. Tort reform ought to be accompanied by elimination of medical licensure, whose harm economists like Milton Friedman and Morris Kleiner have amply demonstrated over decades.

]]> By: Walter E. Wallis https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-14451 Thu, 12 Jul 2007 21:12:35 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-14451 I was removed from one case when I told my carrier that if they settled I would sue them, for defamation of my professional reputation. I believe the other parties kicked in 5 or 10K each.

]]> By: z0l0ft https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-14450 Thu, 12 Jul 2007 19:40:44 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-14450 Witnesses Having Other Rational Explanations – thanks for the good laugh.

]]> By: Deoxy https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-14449 Thu, 12 Jul 2007 19:06:11 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-14449 How long? Just as soon as it gets big enough to get some real attention and threaten the market as a whole. (“the market” being a euphemism for the majority of people that the lawyers in question xtract money from.)

]]> By: Peter Nordberg https://www.overlawyered.com/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/comment-page-1/#comment-14448 Thu, 12 Jul 2007 18:23:23 +0000 http://overlawyered.com/wpblog/index.php/2007/07/the-wall-street-journal-on-do-it-yourself-tort-reform/#comment-14448 As regards the “contract” on expert testimony, legislation may be supererogatory. It’s not self-evident to me that parties may contract to vary the rules of evidence.

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