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Unfortunately, the lawyers write the laws and to keep themselves in business, they've written Darwin out of the laws. Dollars (or what ever currency) over destiny. Where usually, the lawyers get the lion's share of the award.
Look up Adam Ruins Everything's episode on Stella Liebeck: <a href="https://www.langspace.com/en/video/10562571681662260">https://www.langspace.com/en/video/10562571681662260</a>[<a href="https://www.langspace.com/en/video/10562571681662260" target="_blank" title="New Window">^</a>]. That was a legit case of negligence. It just got promoted as a frivolous lawsuit.
Keep all things a simple as possible, but no simpler. -said someone, somewhere
Right now, everyone is fawning over the health care workers so this may be a hard sell.
But, in normal times, the only protection a person has against MD (etc) is the lawyers. They are as bad as that "thin blue line" of silence from police officers not ratting out other officers who commit crimes (or let them go on driving drunk - a common-ish one).
And they lawyers - sure for money - are also the closest thing you have to a chance-in-hell if a giant corporation decides to screw you. Naturally, after consulting their lawyers.
It so often comes back to that famous line in the Pogo comic strip of days gone by:
"We have met the enemy and he is us"*
Lawyers definitely have a place, but the US could do with more judgments where the plaintiff has to pay the defendant's costs. This rarely happens in the US but is done elsewhere to discourage frivolous lawsuits.
Reason #1 for a lack in frivolous lawsuit event in US: like MD's and mal=practice, what lawyer wants to make themselves an easy target for other lawyers - it could become another legal specialization.
But, as a real answer to this - except in the most extreme cases (and I didn't say rare), if as the risk increases to the lawyer the chances of David fighting Goliath decreases. You would reduce accessibility to legal help.
Again, one of those things "damned if you do, damned if you don't" - but the US makes it far too easy to instate legal proceedings and far too little responsibility for the (plaintiff's) actions. Big pockets and severely hurt others simply by one lawsuit after another until they bankrupt the opposition with legal expenses. A legal version of assault. The many contractors who Hump didn't pay and put out of business - an example of big pockets vs. (comparatively) little pockets. Also true of gambling casinos - the house and advantage just by having more money.