Monday, September 10, 2007

Fomentation

My Torts professor believes strongly that the solution to legal problems lies largely in economics — that we ought not care about fault or fairness, rather about the cost of things, and how those costs should be distributed. Today was the first time that this truly angered me. At some point, justice does matter when we're talking about who is liable for certain wrongs. Of course I'm at a disadvantage in arguing against his ideas because he's been teaching Torts for quite some time and all that I know about the subject is what he's taught me in the last two-plus weeks. Still, I cannot and do not accept that economics always holds the best solution for determining legal responsibility.

While I'm riled up about cost-benefit analysis, let's talk about health insurance, shall we? The final bill for breaking my leg — speaking only of dollars, here — is going to be around $3,000. There are all sorts of directions I can take with this but the one I'm most concerned with is: Does health care need to be this expensive? From the numerous conversations I've had with others, who see my crutches and immediately express their sympathy, I know that many of us break bones, tear ligaments, get into all sorts of accidents. Our bodies are fragile. Must we all bear these costs individually, or shouldn't we prepare for them better as a society? Why do we let insurance companies decide how much individuals should pay for health care? Instead of this system that causes so many people so many headaches (and so many bankruptcies), why don't we say as a society that we are willing to bear the costs for all, and enter into an agreement that allows us all to foot some of the bill? Decent health care should not be a privilege, it should be a right. I have received tremendous health care throughout this experience, and eventually I will pay for all of it. But what about the people who can't pay? Are they any less entitled to good health care than I am? I don't believe they are, and I'd rather help pay for their broken bones than have each of us fend for ourselves.

My experience with my insurance company has got me fomenting. If there's a law practice (maybe it's politics) that allows me to battle insurance companies, I want to know what it is, so I can make sure I'm taking the right classes next year.

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