James writes:
> I fear that I still possess a greater degree of faith in the
> fundamental soundness of the justice systems of the Western
> Europe and their descendent settlement colonies than you
> evidence.  The courts in general rule in accordance with
> socially acceptable norms and while excesses sometimes take
> place on both sides of what many would perfer as an
> acceptable median the general tendency is to get it right,
> even if it takes a few tries.

We need to try again:

http://www.ama-assn.org/sci-pubs/amnews/pick_02/prl10107.htm
<snippet>
Until last year, Dr. Nelson was one of six obstetricians practicing in a
part of the Mississippi Delta around Cleveland. Since Oct. 1, 2001, that
number has dropped to three. Dr. Nelson was among those who stopped
delivering babies this fall because obstetrics insurance would have cost him
more than $100,000.

"Patients are going to have to wait longer to see doctors," he said. "The
doctors that are left right now are going to have an excessive load."

Obstetrics patients accounted for 30% of Dr. Nelson's practice. He said it
would be one thing to give up obstetrics because he was tired of it, but it
is another when it is one of his favorite parts of practicing medicine.

"I'm standing ready, willing and able in a part of the country that is
underserved, and I can't provide the care because I can't afford the
insurance," Dr. Nelson said. "We've got a real mess on our hands."
</snippet>

And try some more:

http://www.lasvegassun.com/sunbin/stories/text/2002/jun/05/513539470.html
Five urologists will no longer serve ER at UMC
LAS VEGAS SUN
<snippet>
Adding to the ongoing medical liability crisis in Southern Nevada, five Las
Vegas urologists who serve the University Medical Center's emergency room
said Tuesday they will no longer cover the hospital.

The specialists cited the ongoing medical liability crisis as the reason for
their decision.

The physicians who say they can no longer cover the medical center's
emergency room and trauma center include Robert McBeath, Mark Leo, H. Tamiko
Housley and Jason Zommack.

Another local specialist, Dr. David Larsen, asked to be removed from on-call
status as of May 20.

McBeath, Leo, Housley and Zommick have provided coverage for the medical
center for the past eight years as Urology Specialists of Nevada.

"This was a very difficult decision for us to make," they wrote to medical
center officials on Friday.

"However, the medical liability climate has changed dramatically over the
last several years, with our personal liability exposure increasing to
unsustainable levels," the physicians wrote.
</snippet>

So instead of getting better care, people are getting none.  This story is
from June.  In July, the L.V. University Hospital lost its Level I Trauma
status because there were not enough doctors to cover an emergency.  That's
what the lawyer route will get you.  Now play this out in software.  The
first thing that will happen is that packaged software will go overseas.
ALL of the Microsoft workers will go to British Columbia. India will get
even more business from HP, and Eastern Europe has plenty of talent just
waiting for work.  Next, programmers who support local businesses will have
to start buying liability policies, just like doctors, in order to get
employed.  (Do you think your company will buy a policy for you?  Ha!)  This
is all we can expect from lawyers.  They get paid by suing and defending
suits.  If I see this kind of legislation has a real chance of making it, I
am seriously going to start looking for a career with less risk - like a
rodeo clown, painting lines on the roads in the middle of traffic, becoming
an Israeli sympathizer in Palestine, an auditor for Arthur Andersen,...

Mark "Contact me offline to reply" Wonsil

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