this post was submitted on 15 Aug 2024
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A Boring Dystopia

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Chat is this real (lemmy.dbzer0.com)
submitted 11 months ago by SnokenKeekaGuard@lemmy.dbzer0.com to c/aboringdystopia@lemmy.world
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[–] leisesprecher@feddit.org 2 points 11 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.

[–] Urist@lemmy.ml 1 points 11 months ago* (last edited 11 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.

[–] red@sopuli.xyz 1 points 11 months ago* (last edited 11 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.

[–] Urist@lemmy.ml 1 points 11 months ago

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.