Quote Originally Posted by Thorne View Post
It would be more likely to deter those whose claims are real, but who are worried about even the possibility of losing. In some cases, too, it's the attorney who convinces the client to file a suit, especially if he can collect a fee regardless of the outcome.

However, I think there should be some way to have the person being sued compensated for their costs if they win the case. Something along the lines of having the plaintiff's attorney, not the plaintiff himself, pay all court costs and defendants costs, without collecting any fees from the plaintiff. That might tend to insure that only suits with real merit are brought to trial. A lot of bugs in there, though. I don't have a better answer, sadly.
Or maybe a combination of both? Plaintiff pays a fee (to the court system) and the prosecuting attorney pays a much larger compensatory fee? There definitely has to be some sort of reform on this because it's why the doctors and hospitals have such ridiculously large charges. Their malpractice insurance rates drive up prices.

At any rate, those whose claims are real should have real evidence to back it up. (such as the "wrong foot was removed" or "they left an instrument behind in my intestines and had to go back in after the fact and retrieve it")