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January 6, 2009 Not a member? Join LawReader |
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Andy Busald was kind enough to give us permission to republish this letter to the editor published in the Ky. Post.
RE: LETTER TO EDITOR REGARDING TORT REFORM Dear Editor:
The Kentucky Legislature is about to reconvene in early January and assuming it can agree on a budget there is a possibility that it will be considering some special interest legislation generically categorized as "tort reform". With so much being written and discussed about the subject and the average citizen having so little knowledge about the concepts and their implications I thought that a GLOSSARY OF TERMS might be helpful: GLOSSARY OF TERMS Tort: A civil wrong (act of carelessness) causing injury to an individual Crime: A criminal act (usually involving intent or reckless disregard for the consequences of one's actions) against an individual or society in general Lawsuit: An orderly, civil way to resolve a dispute, seek redress for losses and require another to assume responsibility for their careless acts. Prior to this method of dispute resolution people dueled or fought with the winner being the survivor or the one with the least amount of physical injury. Crisis: Hot button word used to justify "reform". Usually unsupported by fact; but designed to apply to emotion and influence ill conceived actions. Reform: Legislative reaction to perceived "crisis". Usually unnecessary; but generally to the benefit of Corporate America, always to the benefit of the insurance industry and rarely to the benefit of the average citizen. Frivolous lawsuit: One brought by anyone other than you. Does not apply to corporations suing other corporations or corporations suing individuals. Generally limited to claims by person's injured by defective products, careless doctors or negligent operators of vehicles. Lawsuit crisis: Similar to UFOs or Weapons of Mass Destruction. Reported or believed by many, yet to be verified by anyone; but necessitating immediate remedial legislative action (a.k.a. "reform"). Insurance crisis: What occurs when one of the two least regulated industries (Insurance and Major League Baseball) unjustifiably, unethically and immorally (but not illegally) raise the cost of insurance (usually for doctors malpractice, employers workers compensation, group health and auto) in an attempt to influence legislative "reform" resulting in significant reduction of remedies for injured individuals. Almost always the direct result of bad real estate investments (late '80s, early '90s); bad stock market investments (like Enron) and periodic natural disasters like tornados and hurricanes. Tort Reform: Special legislation (often times of questionable constitutionality) to protect corporations, the insurance industry and; sadly the medical industry from responsibility for the consequences of their careless acts. Always to the benefit of the insurance industry, never to the benefit of the average citizen. We've almost come full circle from a Government of the people, by the people and for the people to a Government of the corporations, by the corporations and for the corporations. Rest Assured "Tort Reform" will be the last brick in the wall. There is only one thing standing in the way; YOU, the people. Wake up Very truly yours, E. Andre' Busald E. ANDRE’ BUSALD EAB/dsl
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