Negligence happens all the time, everywhere, and is not limited to just medical malpractice or accidents caused by drunk drivers. It is a broad issue that takes various forms, and its impact is vast and unavoidable. Since it is not possible to prevent completely, ensuring accountability and providing proper redress for victims is the best way to address negligence. However, enforcing accountability can be complicated, as it requires expert testimonials to settle claims. A contingency fee-based legal system is essential for handling negligence effectively.
A contingency fee is a lawyer's compensation arrangement applicable when they win the case or secure a settlement on behalf of a client. The lawyer is paid only upon winning, with no upfront charges or legal service costs required from the client. Instead, the lawyer receives a percentage of the monetary award determined by the court, typically ranging between 30 and 35 percent, depending on the case's complexity. This arrangement enables indigent victims to seek justice for harm caused by negligence.
Take medical malpractice, which is not always as simple as extracting the wrong tooth. Most medical malpractice cases stem from iatrogenic causes—illnesses or injuries resulting from incorrect diagnoses, wrong prescriptions, or surgical mistakes. Many people suffer from iatrogenic harm, yet these cases often go unnoticed or unaddressed because proving medical negligence is complex. A competent medical expert in the relevant field is required to explain the harm a patient has suffered.
Expert testimony is essential to convince a judge that a victim suffered due to iatrogenic treatment. Hiring an expert witness is expensive and difficult, particularly for impoverished victims from rural areas. If contingency legal fees are permitted, lawyers can arrange expert witness testimonials with the expectation of receiving a percentage of the award if they win the case. This system alleviates the financial burden on victims seeking compensation for their pain and suffering. The First Amendment to the US Constitution affirms that a citizen has the right to seek redress from the government. This model of constitutional protection for seeking redress should be considered to support victims of personal and financial injuries.
Take medical malpractice, which is not always as simple as extracting the wrong tooth. Most medical malpractice cases stem from iatrogenic causes—illnesses or injuries resulting from incorrect diagnoses, wrong prescriptions, or surgical mistakes. Many people suffer from iatrogenic harm, yet these cases often go unnoticed or unaddressed because proving medical negligence is complex. A competent medical expert in the relevant field is required to explain the harm a patient has suffered.
Negligence in product manufacturing—another form of negligence—can have severe consequences if a company produces a product carelessly, disregarding potential adverse effects on consumers. Consumers purchase products in good faith, assuming they are safe. However, some companies negligently manufacture products. For example, reports have surfaced about certain weight-loss pills having serious side effects. Again, expert testimony is necessary to prove that a product did cause harm to a consumer.
Thus, the scope of negligence cases is broad. A careless act that causes harm or damage is considered negligence. Failure to fulfil a duty of care can have serious consequences for businesses and service providers. For example, if a hotel fails to comply with fire safety codes, does not maintain functional smoke detectors, or has a faulty sprinkler system, the consequences could be devastating in the event of a fire. In such cases, lawsuits are filed to hold the entity accountable and compel it to compensate the victims. However, in developed countries, most businesses, practitioners, and organisations carry liability insurance to cover monetary awards issued by a court or arbitrator. Liability insurance is crucial for both practitioners and business entities, and its effectiveness in developed countries proves its necessity.
Arresting practitioners and business owners for negligent acts is not a viable solution unless the negligence is gross. An example of gross negligence would be a dentist performing gum cleaning while intoxicated. Once liability insurance requirements are in place, negligence should primarily be treated as a civil offense. Fear of arrest can stifle innovation—doctors may be less inclined to perform organ transplants, and entrepreneurs may hesitate to explore new product development due to potential liability lawsuits.
Some practitioners and business organisations may argue that liability insurance increases business costs and may resist the concept. However, businesses routinely pass expenses on to consumers. If businesses explain to consumers that liability insurance is in place for their own protection, most consumers may be willing to pay slightly higher prices for added security.
History has shown that new concepts are often initially ridiculed, dismissed as impractical, and later accepted. Galileo was imprisoned for asserting that the sun, not the Earth, was the centre of the solar system. Jeff Bezos' idea of selling books online was once considered foolish, yet he became a billionaire by selling books and other items online.
Accountability will be ensured when a system is developed that requires businesses and service providers to have liability insurance, and where lawyers are allowed to take a percentage of awarded damages. That said, negligence lawsuits should be handled by a dedicated negligence board or tribunal, as regular courts are already overwhelmed with cases. Once these measures are implemented, accountability will improve significantly, and victims will receive the relief they deserve.
M. Ahsan Ashik is a payroll compliance practitioner based in Vancouver, Canada. He can be reached at [email protected].
Views expressed in this article are the author's own.
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