mcpd2025 said:
If its a bogus suit the jurisdiction will still have substantial costs preparing an initial defense. The paramedics being sued will have substantial stress and fear about doing their job. It will waste court time as judges and legal assistants have to sift through all the crap to figure out if it is a merited suit or not.
This isn't just paperwork... this is real people being affected and real money being spent to defend a frivolous lawsuit. You speak as someone who has never been the subject of some BS suit while doing your job. I wonder if you would have the same cavalier attitude if you were the paramedic being sued... wondering if you would lose your house, your savings, your job, etc.
I'm going to take a copout here by saying that I'm too lazy/tired to find the references (although I know Rand published work on it), but the short-of-the-long-of-it is that the tort system in the United States is not only *not* overloaded, but there doesn't exist any real evidence to suggest that frivolous lawsuits are clogging any system or costing any money. When a case has merit, then it is allowed to proceed and all parties involved are required to do their diligence in creating their defense/case and pleading it in court. When a case does not have merit, they are thrown out early, much too early to impose any substantial, if any at all, cost to the taxpayer. (That's not to say that there aren't cases where the plaintiff loses, but the case still had *merit*.)
There just isn't evidence to support there being a problem with frivolous suits that everyone seems to think there is.
And to your second point; I have in fact been named the defendant, along with my partner, in a civil suit alleging malpractice from an incident that occurred while we were on duty. I've been through that process, and I know what it's like to worry about those things.
That said, my opinion on the matter is what it is.... and the same rights this bozo has to file his suit extend to you and me, and allow us to file our suits for wrongdoings to us.
This is just the civil side of "innocent until proven guilty." We wouldn't argue (at least I hope we wouldn't) that some people are "just plain guilty" and don't deserve a defense in court... which is why I'm stating that on the civil side, we shouldn't say this guy is "just plain stupid" and deny his right to call someone to task for a perceived wrong-doing.
$0.02
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