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I am pleased that my "rhetorical" question has elicited such a heated (and interesting) discussion.
A few observations:
1. The system already punishes frivolous lawsuits. If a court determines that a lawsuit is frivolous, the plaintiff has to pay the attorney's fees of the defendant. (and by the way, a frivolous lawsuit is NOT considered legal malpractice. THEREFORE, if a lawyer files a frivilous lawsuit, he or she is PERSONALLY liable for the fees and costs of the other side. Lawyers professional liability insurance DOES NOT cover frivilous lawsuits)
2. When a plaintiff loses a trial, that does not make the case frivolous. (this is very important to remember).
3. Wisconsin, one of the "med mal crisis" states had 22 med mal cases filed IN THE STATE in 2003. The patient compensation fund, which pays out if the claim exceeds the insurance limits, makes more in interest every year than it pays out in claims...in other words it is now perpetual.
4. McDonalds...I know, we've all heard the story. Fact: McDonalds knew they were burning people but found that if they heated the coffee to 180 degrees they could get 1-2 more cups per pot. Fact: McDonalds knew industry standard was 140 degrees. Fact: They knew that anything above 140 constituted an "inherent danger" to a consumer. Fact: McDonalds defended the temperature by claiming that their coffee was not intended for consumption in an automobile, but rather was heated to 180 so it would still be hot when the consumer got home. Fact: Plaintiff spills coffee on her sweatpants. Coffee is so hot it still causes 3rd degree, full thickness burns. Fact: Judge reduced the punitive award. By the way, the jury came up with the punitve damages award by figuring out what were one day's worth of coffee sales to McDonalds.
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