Every state has "loser pays".<quoted text>"loser pays" has been shown to reduce frivolous lawsuits and actually helps those who have true grounds for litigation.
While most western nations have a form of loser pays, I could only find 8 states with loser pays of any kind and not all those applied to medical malpractice suits. Please list which states have medical malpractice loser pays laws.
Florida HAD "loser pays" for a whopping total of 5 years from 1980-1985, it was not implemented properly and both "sides" were hurt - however, those who have studied the full effects say that "the baby should not have been thrown out with the bath water" and are suggesting a modified form - if Florida has enacted another type of "loser pays", please cite it, because I tried every permutation of phrase on Google and couldn't find it. That is a serious request, I would love to look at them. The only ones I could find were Alaska and Texas.
The "medical malpractice" lottery is a loser for all responsible people - plaintiffs who suffered no harm and ambulance chasing lawyers clog up the system with frivolous lawsuits that they never intend to take to court, they are just hoping for an insurance settlement to make a buck for nothing. And if the insurance company chooses to settle, the doctor has no choice even if he/she wants to fight for their good name - and then they get to forever after have the reputation of having settled a malpractice suit and they get to pay increased insurance costs for the rest of their career - often for no wrongdoing AT ALL.
Am I denying malpractice exists? Absolutely not - but there is a lottery system mentality among some because VERY FEW states have loser pays. Just look at the trial lawyer advertisements on television - "You don't pay, if we don't win." - why not roll that dice? Are patients who are harmed through TRUE negligence entitled to compensation, of course. But even in cases where the doctor was not at fault and some bad result occurred, for whatever reason, the doctor is fighting the natural inclination of jurors to look at the person who has incurred injury and feel sorry for them and want to help them - REGARDLESS of whether or not the doctor actually did anything wrong - after all, he/she can afford it, right?
So it looks like your post is a load of horse feathers and isn't even true in Florida anymore.
Politicians and lobbyists like to pretend "loser pays" doesn't exist - but is has existed for decades.
it's called "offer of judgment", or "demand for judgment", or "proposal for settlement".
In Florida it's codified as Section 768.79.
In Georgia it's codified as O.C.G.A.Â£ 9-11-68.
In the event either party in a lawsuit make such an offer at any time in a lawsuit, even at the very beginning, If that party wins - the loser pays all your attorney's fees and costs.
That's why often an Offer of Judgment is filed at the start of every lawsuit by both sides.
As to costs, most states have statutes that automatically make the loser pay the winner's costs.
Of course politicians and lobbyists will never tell you about that.
You get to learn that when you show up at an attorney's office and are told to be prepared to pay all the other sides fees and costs.