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Comment and Controversy

Let “3-strikes rule” cover lawyers, too

June 2005 · Vol. 17, No. 6
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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
McAllen, Tex

Dr. Barbieri responds:

I appreciate Dr. Davis’ outstanding suggestion, which is beautifully symmetric in its logic.

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