"Allowing huge compensatory damages for pain and suffering results in fakers trying to get rich and its the loophole you need to close. Other approaches run the risk of hurting people who have legitimate claims." Absolutely correct! We call that Tort reform. However the Democrats and trial lawyers do not want to see that reform! Even though it could be a good start on health care reform. And such a reform would be a direct connect to health care, even more so when the corollary issue costs reduce.

Quote Originally Posted by SadisticNature View Post
I personally feel pain and suffering is a very flimsy grounds, and I'm glad the Canadian legal system doesn't allow it. If the person is experiencing lost wages relating to mental trauma, or is suing for the cost of their medical appointments (psychiatrist or what not) then this is still a legitimate case.

It may be the case that the person feels "oh something went wrong I can make money", but its certainly possible they are suing for good reasons also.

I would certainly support a reform to make it easier to sue for lost wages and expenses as a result of malpractice, but eliminate damages for pain and suffering.

This would mean people would not be compensated for pain outside of its consequences (lost job due to injury, inability to perform chores, etc.). Most of the fib cases involve wanting money for the pain caused by an injury, rather than wanting money for the consequences of that pain. There are fewer fib cases in the Canadian system, because demonstrating an injury caused you to lose a job and have medical expenses and winning an award to cover what you would have had anyways isn't worthwhile. Allowing huge compensatory damages for pain and suffering results in fakers trying to get rich and its the loophole you need to close. Other approaches run the risk of hurting people who have legitimate claims.