If you are injured, have a case, or think one day you will have to file a lawsuit against a careless doctor or a corporation, under who's administration do you think you would have the best chance of obtaining justice?
John McCain has said tort reform is a top priority. He has supported caps on awards and liability reform. His position is that frivolous lawsuits are driving up health care costs that result in "defensive medicine." Whatever that means....
Many doctors support Senator McCain. The Senator has said that "doctors are now so worried about being sued that they inundate patients with needless medical tests."
Mr. McCain also supports a "loser-pays" rule. That means if you sue a doctor, hospital or careless corporation and lose, the individual would owe the defendant the costs of the defense.
Barak Obama has taken swipes at trial lawyers, too. In his campaign for the Senate in 2004, he was said "Anyone who denies there's a crisis with medical malpractice is probably a trial lawyer."
Neither candidate has ever tried a lawsuit. Neither represented a grieving family.
Neither ever held a Goliath accountable for harm to an innocent victim.
THE REAL ISSUE FOR ME, as a lawyer who represents the injured, is the appointment of future Supreme Court Justices.
Justice John Paul Stevens is 88 years old.Justice Ruth Bader Ginsburg is 74 years old. Both are left-leaning and ready to retire.
So the questions are:
Who is most likely to appoint Justices concerned with the rights and struggles of individuals?
Who seems more concerned with the well-being of corporations and insurance companies?
When casting your vote, think about not just the issues of the economy or the war, but also of the rights of individuals to obtain justice in our courts. |
Jan Schlichtmann, the inspiration for both the novel and film "A Civil Action," and I discuss the Florida Justice Association and his presentation on how to become a better lawyer. WATCH HERE
Jan speaks about the power of achieving a settlement that honors the parties. WATCH HERE |