is better to surrender and get a hot meal than to fight and risk destruction. It is basic psychological warfare. It’s clear that a war of attrition has
been and continues to be waged against victims of medical negligence. But unlike General MacArthur, who was motivated by “Duty, Honor, Country” and whose enemies were the forces of barbaric imperialism, the tort reformers’ war is motivated by control, avarice and corruption. And their enemies are the most vulnerable of society. Considering all that the “reformers”
have done and are trying to do to deny victims access to justice and that there are approximately a reported 15 mil- lion incidents of medical error every year, (accounting for huge numbers of victims, 1.5 million from medication er- rors alone, and millions more victims of preventable hospital-spread disease), the victims of medical negligence have had to drink a double portion of a poisonous brew. While trial lawyers associations have
fought vigorously and valiantly to protect the rights of victims, and other advocates, many of whom are victims themselves, they have struggled to defend against the incessant attacks of the “reformers.” Little-by not-so-little ground is constantly being lost. Tort “reform” proponents are well-
funded and well-organized. They apparently will not be satisfied until practically all access to the courts and just compensation is denied victims. It is time for victims and their advo-
cates to mount an aggressive campaign in the struggle for justice and true ac- countability. Trial lawyers associations, victims’ rights groups and other public advocacy organizations need to come together under a single umbrella to create a united, organized and strong front. If those who fight against victims and their advocates can accomplish this, victims and victims’ advocates who far outnumber the reformers and who stand on the side of compassion, fairness and justice can certainly do so.
Victims and their advocates are fight-
ing a defensive war. By creating a strong united front using the strategy that General MacArthur employed in the isolation and reduction of Rabaul for the ideals of freedom and justice, we can turn the tide on the tort “reformers” and ultimately put them on the defensive, where they so rightfully belong. n
About the Author
Michael Bennett is a victims’ advocate and president of The Coalition for Pa- tients’ Rights. He has become a frequent figure in Annapolis and Washington DC where he meets with legislators to op- pose efforts aimed at reducing victims’ rights and to increase awareness and initiate legislation on patients’ rights is- sues and patient safety. He has authored numerous articles that have appeared in national print media and is often inter- viewed by local and national network news. Michael resides in Baltimore with his wife and five children.
Fall 2007
Trial Reporter
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