|
|
|
Jewish World Review July 8, 2005 / 1 Taamuz, 5765 Lawyer Ads Can Make You Sick By Drs. Michael A. Glueck & Robert J. Cihak
http://www.JewishWorldReview.com |
Almost everyone can recall seeing ads from a personal injury lawyer warning
that if they've ever taken a certain kind of drug, they may be "at risk"
and therefore eligible to win money in a lawsuit competition. More often
than not, however, these ads are simply scare tactics designed to dredge up
clients using "facts" unproved by science.
Such irresponsible ads ultimately hurt patients more than they help, which
is why the Federal Trade Commission and the state bars of all 50 states
should do more to stop them, and why patients should be warned not to
believe everything they see in personal injury lawyers' ads
The real problem is that many of the plaintiffs recruited to join these
lawsuits haven't been harmed. To a personal injury lawyer looking for a big
payday, however, more plaintiffs can mean more money in a class action
lawsuit. The end result is that while the lawyer gets rich, people with
legitimate injuries are the big losers, as more money paid to uninjured
plaintiffs is less money available for those who truly need it.
In our largest state, the majority of Californians know something's wrong
with the way personal injury lawyers are using these health warnings to
troll for clients. A 2005 survey by Charlton Research shows that 64 percent
of Californians believe these kinds of ads encourage people to sue even if
they haven't been injured. Turns out they're right. In Mississippi
recently, more than a dozen people were arrested for forging prescriptions
for Fen-Phen so they could get a cut of the lawsuit settlement over that
drug.
Equally alarming is that according to the Charlton survey, 76 percent of
Californians believe lawyers who file these health-care lawsuits are more
interested in making money than in helping patients.
It's bad enough that a 2005 U.S. Chamber of Commerce study shows
California's legal system to be one of the least reasonable or fair in the
nation, but this gaming of the legal system for undeserved profit also has
very real and very dangerous health consequences for patients of all
states. According to a 2003 Harris Interactive survey, for example, 40
percent of pharmacists reported that patients had stopped taking
medications when they learned the drug might be involved in litigation.
In short, an outcome of these irresponsible ads is that patients are making
health-care decisions based on what a personal injury lawyer says instead
of what their health-care provider says. The danger for patients suffering
from all manner of ailments is obvious.
The solution is stricter guidelines, and rigid enforcement, on what
personal injury lawyers can say in their ads. We need rules that require
disclaimers so consumers understand that any alleged injuries from a drug
are often speculative and unproven by science. These ads also should be
required to advise consumers that they consult their doctor before stopping
medication or joining a lawsuit. Finally, ads should clearly tell consumers
that unless they themselves have been injured, joining a lawsuit may take
due compensation away from legitimate victims.
Warns Maryann Maloney, executive director of Orange County Citizens Against
Law Suit Abuse (OC CALA), "Misleading legal ads may harm your health. These
ads encourage and promote frivolous and abusive lawsuits that clog the
courts, make the truly harmed wait years for just compensation and burden
Californians and residents of all states with billions a year in 'legal
taxes'."
Editor's Note: Michael Arnold Glueck, M.D., penned this week's comment.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Michael Arnold Glueck, M.D., is a multiple award winning writer who comments on medical-legal issues. Robert J. Cihak, M.D., is a Discovery Institute Senior Fellow and a past president of the Association of American Physicians and Surgeons. Both JWR contributors are Harvard trained diagnostic radiologists. Comment by clicking here. © 2005, |
Arnold Ahlert | |||||||||||
