It appears that one of the greatest fears of tort reformers is coming true: The recently passed health care bill has lead to a surge of litigation. Ironically, the lawsuits are being filed by the very people who have spent the last year trying to convince voters that the new law would inevitably lead to a deluge of “frivolous lawsuits.”
In the first round of what is sure to be a protracted process of court activity, the attorneys general of 14 states (including Michigan) have filed suit to block health care reform. In addition, several special interest groups have either filed or threatened to file lawsuits. These elected officials and physicians’ groups should be fighting for consumers, who happen to be their constituents and patients. Instead, if they prevail they will benefit only insurance companies and corporations.
For years, the law has been altered to protect large businesses and insurance companies at the expense of individual rights. It has become harder and harder to an ordinary citizen to receive justice in court. All the while, corporations have continued to cite so-called “frivolous lawsuits” as the root of all our country’s problems. Now that their interests are at risk, however, insurance companies are not hesitating to avail themselves of the legal system and file their own “frivolous” suits.
Access to legal recourse should be equally available to all parties. A fair and balanced judiciary is crucial to our society.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.