Greyhawk says:
I would like to know if your position is that a person who has been the victim of a bad injury at the hands of another should have no legal recourse.
What do you say to this case
http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/
I don’t think an individual should become wealthy as a result of a court action against a corporation. This is because in the long run, corporations don’t pay, the customers do. As in taxes, corporations imbed their other costs of doing business into the product cost. I’m sure you realize this, but perhaps it’s worth repeating. The same thing with corporate income taxes. I’d like the idea entertained that corporations pay no taxes, but are gone over with a fine tooth comb continually to make sure they are really in competition with each other. Not paying taxes (which expense is passed onto the consumer) and being in real competition are ways of guaranteeing that we get the best price when we buy stuff at the store. GW, for example was wrong in giving HAL non-competitive contracts. All contracts should be put out for competitive bid.
The same for McDonalds. They shouldn’t be sued for some outrageous sum, yet it should be enough so it isn’t worth it to them, and so they will have incentive to take corrective action if possible. The young man in question, being deathly allergic to cheese would naturally have checked the burger himself. Right? So I’m suspicious.
One of the reasons, supposedly, that medical costs are so high is the cost of liability insurance. So how much should a man get if the hospital accidentally removes his testicles when he’s in just to have his intestinal tract inspected (if you inspect the whole tract of the large intestine they put you out I’m told).
I don’t have a good answer, but it should be so painful to the hospital that the hospital never, ever does it again. How about free care for him and all his relatives for the rest of their lives at any hospital, and a complete external audit to see if the hospital had done other things that people have quietly decided to live with rather than sue, then compensation for them as well.
On the other hand, what should be done to people who fake putting fingers into chili?
Make then very financially libel so they won’t try again to victimize the evil corporation.
We are in a situation where doctors and hospitals are in it strictly for the money rather than being of service to the community and taking pride in good work done. At the same time, no one should be a multimillionaire because of an honest mistake.
Sorry for being long-winded, I don’t have any bright ideas here; I’ve not studied the medical issue very well.
Grimgold
“I’d like the idea entertained that corporations pay no taxes,”
So much for the myth of the corporate person. Would you let Exxon/Mobile keep all the money they have gouged since Katrinia? Please note that came out of your pocket.
Now if I tell a hospital I’m here for a tonsilectomy what happens if they amputate my foot. Please don’t be sarcastic, mistakes like that happen every day at a hospital. I used to work in one. My only option should be free health care?
The person in the story repeatedly told the workers no cheese. If I place an order should I not get exactly what I order?
Now as to the finger thing, I agree and if I remember correctly the two people were prosecuted for fraud and Wendy’s won a civil action against their future earnings as well. The system can work both ways.
Comment by greyhawk — August 26, 2007 @ 2:23 pm