Information and Insight for Injured Iowans

Here in Iowa right now we have a heated gubernatorial race in full swing — and a swingin’ blows and tradin’ barbs they are.  While the strange brew of manipulation and morals common to a heated political race holds some of my interest, disappointment at the misinformation and more so at the public’s willingness to accept the propaganda causes me to typically turn away from politics.  

Now that I’m a tradesman and have been for over 10 years I might have just the beginning of learned wisdom – albeit on a limited topic.  I sue people every day.   I represent people injured by others.  It’s all I do.  I am proud of it.  I am intrigued and interested by it.  I do everything I can to learn it and learn from it.   

Admittedly, I make a living and take care of my family with my trade.  To that extent you can argue I am biased.   I fully disclosed that I would like to continue to make a living suing people - not only because it is a job I have learned how to do with some skill and not only because I enjoy it.  The primary reason why I continue to do what I do is because I am needed. 

I wouldn’t be so narcissistic to claim my job is a calling.  No, it’s much more earthly than that.  We live in a world where “big business” – i.e., the actual corporations and the more dangerous, mostly unexamined, pervasive thought process that has trickled down to our main street, our living rooms (and our jury boxes).   It is this “big business” thought process that has required my continued presence.   Innocent people are taken advantage of every day by this hurried, greedy, sloppy, and uncaring “big business” mentality.   God bless the good politicians for trying to stem the tide at the legislative level but it is at the dinner-table-take-your-kids-to-school-go-to-your-8-to-5-level that I fight this beast of mindset every day.

And here is it is – big business - manifesting itself in the Republican candidate’s announcement that we must put caps on medical malpractice claims.  According to him, your ability to see your family, your ability to walk with your loved ones, your ability to enjoy life is surely worth no more than $250,000 – even if all of these intangible losses are combined in the same unfortunate case.   Nope, it’s clear as day to him, you are worth about $250,000, period – about ½ of what the national Republican governors’ coalition gave to his campaign just this year.   

Why do we need this protection from ourselves?  Have I failed to recognize that our society has suddenly become so generous and empathetic that we cannot be fair and balanced?  Well, that’s not even the issue because if we had to talk about that we would see the truth wouldn’t we?  This legislation is simply unnecessary.  

No, the flip side of this coin is not the flip side at all.    The reason we need this limit is because apparently there are pregnant women in Iowa’s rural counties that are reduced to delivering their children in barns, backseats, etc.   I haven’t met any yet but they are allegedly there…never mind that Iowa is sliced and diced into 99 counties and in some of those counties – God forbid – you even have to drive 25 miles to get to a Wal Mart let alone a competent physician.    

On the real flip side, I have met children that have no use of their arm because some overworked, under-trained, and overzealous delivery doctor yanked so hard during the delivering process that the child’s nerves were ripped and destroyed.  Sad to say, I’ve met more than one child with a doctor-caused brachial plexus injury and they keep coming to our door   (Interestingly enough a couple generations ago, when some women were actually delivering at home in Iowa, this injury wasn’t seen.)

The truth of the matter is that medical malpractice cases in Iowa are tough.  Our firm turns down far more than we take.  I can live with that.  The truth of the matter is that the vast majority of malpractice cases are worth far less than $250,000 in the jury’s mind and verdict without any top-heavy help from the government.  I can live with that too.   The truth of the matter is that every balanced, unbiased study illuminates that the so-called medical malpractice crisis is a farce – merely more big business propaganda that has made some pretty good profits for insurance companies.    

Whoa, wait a second — the truth is something the Republican candidate cannot live with — but he’s pretty sure you can live with his misleading, misguided call for caps because you’ve been primed to take it. Years of insurance industry mistruths have you ready, willing and able to accept legislation that will take away your rights, your ability to recover fair compensation if you or your loved ones get hurt – you need to be protected from yourself.  Certainly not what our Constitution or founding fathers had in mind but the Constitution and self-governance are as far from your mind as about 8^th grade – the last time anyone scared you with the truth that we are supposed to operate with actual free will.

I’m not nearly as upset by this proposed legislation because it might impact my own business as you might think.   I am upset that almost every client I work with comes to me saying:  “I’m not the suing type, I never thought this would happen to me…”  In return, out of my learned respect for the “suing-type”, I ask every one of these clients “how many folks do you actually know that received several hundred thousand dollars for some fake injury or junk lawsuit?”   I have yet to meet a single person that personally knows of such a plaintiff.   They do not exist in the hoards or masses claimed by the politicians and insurance industry.  

Now ask these same folks: “How many people do you know, including yourself that has been hurt by the negligence of others?  Was that lost limb, life or joy worth less than $250,000?   Would you do it all again for $250,000?” 

Well, get ready — because if you let big business and insurance know that they can limit their losses to the tune of $250,000 and more importantly further ingrain the idea that such limits are necessary – more and more folks are gonna get injured and more and more folks are gonna come here asking the same questions but my answer is going to be different: “I cannot help you. It costs too much and the risk is too great to justify the potential benefit.”   Even before you have the chance to share your experience, seek fair justice, the battle will be lost and the insurance industry will have won.   

These caps aren’t designed to reasonably limit awards.  They are designed to foster unwarranted fears and keep you from even trying.  For just one moment, stop accepting what you are being sold, from them, from me, and actually exercise your freedom to study this issue.  After taking a look at the facts I hope you will find that what I have shared is a truth.  It’s one I know not because I want to keep suing people but because I have to.