Tuesday, May 24, 2005, 7:51:46 PM, Paul Stone wrote: >>I'm surprised you don't have any contingency-fee type arrangements >>there. PS> It's against the law. I think, in the overall scheme of things,=20 PS> that's probably a good thing. It's not generally a very litigious soci= ety, PS> but with the beast to the south's influence, it probably would be. Just= the PS> other day, a hairdresser in a nearby city won an award of 384,000 dolla= rs PS> from a the Culligan water company because there was a fly in his bottled PS> water and he 'lost his sense of humour' and suffered panic attacks. THI= S IS PS> A TRUE STORY!!! I used to think like you about this. I've changed my mind as I've seen what is (here) the myth of a compensation culture used to make it even more difficult -- that is, I think that's the idea -- for people who've been injured to sue. Here are two pieces about the part of this I've come to know best, personal injury suits against employers. http://news.bbc.co.uk/1/hi/business/4563987.stm http://www.guardian.co.uk/uklatest/story/0,1271,-5018517,00.html?gusrc=3Dti= cker-103704 I posted about this elsewhere; I got, to my great surprise, an e-mail from a man currently working for a company that's a liability adjuster for (i.e. defends) companies sued by employees using no win/no fee. He confirmed what these pieces say and added that very few claims were unjustified or inflated, and most were by people who'd had really nasty accidents caused by their employer's carelessness. (What little I know of this man suggests the job was always intended to be temporary and he'd move on soon, he has no axe to grind.) I said "even more difficult..for people...to sue"; but of course the rich can sue. (I can too given my insurance, but I have to have a good case: the rich can sue anyway.) A woman here died after giving birth in a private hospital -- they'd neglected a very basic NHS rule which would have been good practice there too -- and when the hospital refused to apologise her husband, who's rich, took them to the cleaners... I was really glad he did that, but, I'd like to see someone do it to an NHS hospital, too. There were 2 very bad no win/no fee companies here, they didn't warn people of possible costs, or didn't warn them adequately; and they were charging rather high fees if they won a case. And they really were touting for custom: they found out I'd had an accident and pestered me, despite my telling them the place where I fell -- which is dangerous, something should be done about it -- wasn't actually defective... -- finally someone senior in the company took over, and immediately agreed I had no case (!) and apologised for the hassle. But there is one very good no win/no fee company -- of the same kind, but, with a very good record -- and I took their name down as soon as I saw it. It may be different over there. Here, people who work in private hospitals are (I am told -- reliably) normally very careful, they are concerned about legal cases. In my local teaching hospital, staff against whom there might be a complaint (or in my case and my mother's, someone who knew something and talked) suddenly vanish, moved to another ward for a month... then they bounce back... "with impunity" describes it well. So, yes, I've become a "sue the ******s" person. I wish I hadn't. I'd like the people who go on about introducing a no-fault compensation scheme that would, they say, cost less, to do that very thing. But they won't and I'd say they know that's because such a scheme would in fact cost more -- I'm assuming a current ratio of 20+ formal complaints to every legal case, and noting the disparity between the largest non-court settlement I know of for a death caused by a hospital (about =A33,400) and the court ones (say =A3250,000). Add in the people who don't complain now because they're afraid to or they don't know how, and you see why the powers that be might prefer to keep the current system but limit access to it and encourage talk about a "compensation culture". ******s. Judy --=20 mailto:judithevans001@xxxxxxxxxxxxxx ------------------------------------------------------------------ To change your Lit-Ideas settings (subscribe/unsub, vacation on/off, digest on/off), visit www.andreas.com/faq-lit-ideas.html