The Low Hanging Fruit Might Be The Easiest To Pick ?

I keep wondering why no one has been able to find an attorney to help resolve these issues of pain pts and those with subjective diseases cannot get their legally prescribed, on time, medically necessary Rxs…

5/9/2014, US legal bubble can’t pop soon enough

Much of the flight from law school reflects the brutal reality of the employment market for lawyers. The National Association for Law Placement reports that fewer than half of lawyers graduating in 2011 eventually landed jobs in a law firm. Only 65 percent found positions requiring passage of the bar exam. At a time when many law school graduates are shouldering student-loan debts of $125,000 or more, compensation has declined painfully — the median starting salary for new lawyers in 2012 was just $61,000. And quite a few can’t find any work at all: Nine months after receiving their law degrees, 11.2 percent of the class of 2013 was unemployed.

Only some of this is cyclical. The legal profession, like so many others, has been permanently disrupted by the Internet and globalization in ways few could have anticipated 10 or 15 years ago. Online legal guidance is widely accessible. Commercial services like LegalZoom make it easy to create documents without paying attorneys’ fees. Search engines for legal professionals reduce the need for paralegals and junior lawyers. Maurice Allen, a senior partner at Ropes & Gray, is blunt: “There are too many lawyers and too many law firms,” he said in a published interview last week…

With almost 1.3 million lawyers — more by far than any other country, and more as a percentage of the national population than almost all others — the United States is choking on litigation, regulation, and disputation. Everything is grist for the lawyers’ mills. Anyone can be sued for anything, no matter how absurd or egregious. And everyone knows how expensive and overwhelming a legal assault can be. The rule of law is essential to a free and orderly society, but too much law and lawyering makes democratic self-rule impossible, and common sense legally precarious…

Because it is so overlawyered, “American culture is corroding before our eyes,” writes Philip K. Howard, a big-firm lawyer and well-known reform advocate, in “The Rule of Nobody,” his new book. “It would have been inconceivable, a few years ago, for a teacher to be scared to put an arm around a crying child, or for a fireman to stand on the beach for an hour and watch a man drown because he had not been recertified for land-based rescue. Creeping legalisms are eating away at America’s social capital.”

April 2006, Medical Malpractice Tort Limits and Health Care Spending

CBO finds that the estimated effects of limits on malpractice torts vary substantially across different measures of health care spending and across different types of tort limits. In some cases, specific tort limits appear to be associated with reductions in health care spending; in other cases, there appears to be no relationship; and in still other cases, tort limits appear to be associated with higher spending. Analysis of overall per capita spending on health care at the state level reveals that eliminating joint- and several liability is associated with an increase in per capita spending. The estimated effect of implementing a package of previously proposed tort limits is near zero.

The Fallacies of Medical Malpractice “Tort Reform”

The fact is, healthcare costs are not driven by litigation. The inconvenient truth is that they are a result of epidemic levels of medical error and the economics of the healthcare industry…

The Institute of Medicine of the National Academies reported in 2012 that one-third of hospitalized patients are harmed during their stay.1  To Err Is Human, the Institute’s landmark study on hospital patient safety, found that nationwide up to 98,000 patients die from medical errors per year.2  New York was ranked as one of the ten worst states for patient safety in the 2010 and 2011 Health Grades Patient Safety in American Hospitals studies…

Medical lobbyists and groups funded by corporate interests such as the American Tort Reform Association and the American Legislative Exchange Council repeatedly claim that as a result of the fear of being sued, physicians order a tremendous amount of unnecessary tests and procedures. Eliminate the lawsuits and you remove the catalyst behind the rising costs of healthcare.

But the disingenuity of this claim has been exposed a decade ago. In 2003, the Government Accountability Office (GAO) found: “[T]he overall prevalence and costs of [defensive medicine] have not been reliably measured. Studies designed to measure physicians’ defensive medicine practices examined physician behavior in specific clinical situations, such as treating elderly Medicare patients with certain heart conditions. Given their limited scope, the study results cannot be generalized to estimate the extent and cost of defensive medicine practices across the health care system.”6

The Congressional Office of Technology Assessment (OTA) found that less than 8% of all diagnostic procedures were likely to be caused primarily by liability concerns.7 The OTA found that most physicians who “order aggressive diagnostic procedures…do so primarily because they believe such procedures are medically indicated, not primarily because of concerns about liability.”

The proponents of the argument that “Frivolous Lawsuits” plague the civil justice system ignore just how the contingency fee system weeds out weak cases…

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