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re: Make an argument against a "loser pays" judicial system

Posted on 7/28/14 at 8:46 am to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424967 posts
Posted on 7/28/14 at 8:46 am to
quote:

but outcome was terrible,

which part is "terrible"?

i've been in cases with great damages but iffy liability where the defendant got out via MSJ, and 1 case with no issue of liability where we got 0'd (well i wasn't there for the 0, but i heard about it).

Posted by NC_Tigah
Carolinas
Member since Sep 2003
124507 posts
Posted on 7/28/14 at 9:16 am to
quote:

which part is "terrible"?
e.g., A patient is determined to have a home delivery assisted by a doula. She labors for 20 hours at home unsuccessfully with the doula compressing her abdomen to "assist" delivery. She finally decides to come to the hospital where a C-section is urgently performed. The infant is badly brain-damaged.

The patient hires a personal injury attorney. He in turn seeks his big money "opportunity" by going after the hospital and physicians instead of identifying the painfully obvious sources of fault: the doula . . . and the patient herself.

It is an obscene system.
Posted by Opus
Baton Rouge
Member since Jun 2004
840 posts
Posted on 7/28/14 at 3:24 pm to
Doesn't Europe use a loser pays system? If so, does anyone know how their judicial system operates compared to ours?

(I replied to Slow, but its really for anyone who would know).
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