War of the Worlds

H.G. Wells, the famous science fiction writer, was amazing in many of his predictions of the future. I have always enjoyed his masterpiece ‘War of the Worlds’. Maybe this is because I used to live near Grover’s Mill, NJ, where Orson Wells claimed Martians had landed in his famous radio adaptation of H.G.s’ work.

If you recall the original story, the invading Martians were threatening to destroy our society. In the 1898 novel, Martians attacked our civilization using 3-legged machines of war called ‘tripods’.

Funny thing is, 112 years after H.G.Wells’ novel, our society is really under attack (or, at least, our health care system) by another 3-legged menace, albeit of terrestrial origin.




I know I have spoken of the health insurance carriers and the pharmaceutical companies at length, but there is a third leg to the war machine that works synergistically with these other two threats. In some ways, this third leg is even more sinister, as it operates relatively out of sight and mind, yet it’s contribution to the system’s decline is just as pronounced. I am referring to, of course, our legal community.

Over the past half century, we have seen a seen a tremendous rise in the amount of liability lawsuits in this country, and these lawsuits have hit the medical community hard.

Once again, let’s ask Drew Carey. When his show is not featuring commercials for power chairs or catheters, you quite likely to see a commercial for a local law firm. They all sound alike:

Have you been injured in an accident? Are you willing to fake an injury? Then call the law firm of Dewey Cheatem & Howe …

Yes, if you had an auto accident, ever been exposed to asbestos, or were injured at work, your local lawsuit mill WANTS YOU.

They also want you if you were the victim of malpractice, or if you took certain prescription drugs. Remember the recent Celebrex lawsuits? Law firms all over this country have set up entire divisions to handle this class action. Once the blood is spilled in the water, the sharks are never far behind. Malpractice lawsuits and lawsuits against certain pharmaceuticals are a huge business. Multi-million dollar settlements and awards are not uncommon. Some class action suits can result in settlements or awards in the billion dollar price range. In general, a full third of these awards and settlements are paid to the plaintiffs law firm. No wonder they advertise on TV.

Let’s all remember Star Trek Economics – the money to pay these settlements come, ultimately, from your wallet. The huge premiums that a medical provider pays for malpractice insurance, or the gargantuan reserves that a pharmaceutical company keeps to fend off product liability lawsuits are all passed on to you in the form of more expensive medical care and higher prices for your prescription drugs.

And Dewey Cheatem & Howe has never even sent you a thank you card.


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