this post was submitted on 15 Aug 2024
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A Boring Dystopia

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submitted 4 months ago by [email protected] to c/aboringdystopia
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[–] [email protected] 17 points 4 months ago (1 children)

Otherwise, no doctor would ever touch any patient ever again.

Demonstrably false. In a public healthcare system it is also possible to have publicly funded patient injury compensation systems. Source: Live in Norway and we have both.

[–] [email protected] 2 points 4 months ago (1 children)

That's not the same. You still don't have any legal claims against the hospital or the doctor. You can't sue your surgeon, because you missed, say another week of work because of some unexpected bleeding.

[–] [email protected] 2 points 4 months ago* (last edited 4 months ago) (1 children)

Uhm what are you talking about? Why would I want to sue my surgeon?

EDIT: The reasons why I would not sue my surgeon are:

  1. It is not a private legal matter, but a matter of adequate services rendered.
  2. The question of liability can be better answered by a specialized team of doctors that review my case than a jury.
  3. Legal action is an obstacle made to disenfranchise those that cannot afford counsel, which is why the US loves it and we generally don't.
  4. We have laws that demand reasonable judgement. Hence I cannot make a claim for damages due to some unrelated reason and they cannot evade guilt by the same tactic.

If the surgeon did something illegal, this would be a different matter.

[–] [email protected] 1 points 4 months ago* (last edited 4 months ago) (1 children)

The whole point of the discussion was that arbitration clauses should be illegal, since they prevent you from suing.

Points were made, that it's still a good thing for tattoo artists and doctors. Your earlier comment seemed to dispute this at first, but then pivoted to funds for damages (that exist and you can get without legal action.

You were then told that's besides the point of the discussion, since it was exactly about suing.

[–] [email protected] 1 points 4 months ago (1 children)

It is not besides the point because there exists an alternative to the whole ordeal of arbitration clauses and suing. That is what I pointed out.

We all joke about how americans sue for the most stupid shit, but (besides different mindsets following from the same reason) you do it because your system allows for it and provides no alternative course of action.

[–] [email protected] 0 points 4 months ago (1 children)

Well it wasn't demonstratably false in any case, as it's the only course of action in some places.

In a perfect world these arbitration clauses wouldn't exist, and luckily they aren't enforceable in many countries.

[–] [email protected] 0 points 4 months ago

The original comment says that these clauses should be made illegal, to which the comment I responded to objects. Objecting to change based on arguments that are only valid within the paradigm that exists before said change is nothing but a logical fallacy.

It is demonstrably false that the change has to entail the problems conjectured by the comment I responded to. Thus the counter argument is shown to be both reductionist and wrong.