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08/09/2004: "One Evil That Lawyers Hath Wrought"
I know of a person in a hospital. In that context, "Fall Prevention" is not a white sale at Hudson's. It is a very real concern that the patient has trouble not only with remaining upright, but also with judgement. Such a person should not get up to go to the bathroom alone.
Being in a hospital in such a situation is a traumatic event for all involved. The person I know did not go to the hospital because it is a pleasant alternative to fresh sea air. There is a brain tumor and an unavoidable life long loss of independence. Again, this is a traumatic event for a proud person.
As a nation, we should want a health care system which helps ease this traumatic situation. The patient should be able to retain maximum independence. Nobody, not even brain damaged hospital patients, wants to mess themselves. Unfortunately, hospital policies make self defecation unavoidable. Patients bearing the "Fall Prevention" label are not allowed to stand without hospital personnel present. It does not matter is a competant competent family member is present. What matters is that if the patient falls and hurts themselves, the hospital is open to a huge lawsuit.
What I would prefer is a policy where the patient may also walk if assisted by a person deemed competent by the patient or, if applicable, the patient's durable power of attorney. If the patient falls in such a situation, then the hospital is held blameless for the incident. Allowing such assistance gives the patient a chance to use the restroom in a respectable manner. It avoids the embarrassing messing of oneself. It avoids the embarrassing cleanup by a third party.
Unfortunately, hospitals cannot afford to grant such permission. Courts will not honor such liability waivers. Afterall, it's about helping "the little guy" and forcing hospitals to take every possible precaution to prevent injury. And, to some lawyers, it's about winning their percentage of large cash settlements.
The solution is tort reform. Pass laws which demand that courts respect waivers. Pass laws which cap oversized settlements. Greedy trial lawyers game the system to get laws they want. Lawyers tend to donate to Democrats. John Kerry, politician, relies on donations not all legal from lawyers.
So it is overly simplistic to say that a vote for a Republican is always a vote for tort reform, though that does tend to be the case. It is not simplistic to suggest that a Kerry presidency would be bad for tort reform. So please, vote for George Bush. Old people should **** on lawyers, not themselves.
