I enjoyed Dr. Robert L. Barbieri’s February 2005 editorial, “3 strikes and you’re out of a job.” As I’m sure he is aware, “losing” a liability settlement often has very little to do with competence and a lot to do with ignorant juries, false testimony from prostituted physicians, and often unavoidable events such as cerebral palsy in an extremely premature infant or brachial plexus injuries.
However, I would happily endorse a “3 losses and you’re out” rule if the attorneys would adopt the same. If they lose 3 cases, it must be due to negligence or incompetence, or both. Should they not live by the same rules as we?
Kevin Davis, MD
Dr. Barbieri responds:
I appreciate Dr. Davis’ outstanding suggestion, which is beautifully symmetric in its logic.