Thursday, April 29, 2010

I'm floored: under DemCare, whistleblower lawsuits set to explode as lifetime employment act for ambulance-chasing, slip-and-fall lawyers enacted

Writing at Maggie's Farm, Bruce Kesler observes that the new health care takeover is poised to create an explosion in lawsuits. Put simply, the new law promotes whistle-blower suits -- especially of the unprovable, frivolous malpractice variety -- that drive good doctors out of business.

As if the US didn’t already have enough lawsuits, and as if excess litigation isn’t one of the prime drivers of medical costs, and as if the Democrats didn’t garner 90% of tort lawyers’ contributions, ObamaCare will create a new boom in lawsuits.

A Qui Tam action is brought by a private citizen against a company for fraudulent claims on a federal agency in violation of the False Claims Act. If triumphant, the claimant gets part of the court award.

Qui tam (Black's Law Dictionary pronunciation: kwày tæm) "is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed."

[Until] now, it was necessary for the claimant to be the provider or original source of otherwise unknown information. If not, the claim was denied court jurisdiction.

Now, the failure to be the provider or original source will not deny jurisdiction, and should there be such dismissal the government can oppose the dismissal and allow the court case to proceed.

Consider this the Who Wants to be a Billionaire? act for the trial bar -- a nice, juicy reward for the tens of millions that the slip-and-fall attorneys have donated to Democrats.

The equation is simple: more money for lawyers and Democrats; fewer doctors; more misery for patients and the American taxpayer.

But, remember, they're doing it for the children.