Tort law

I’m no lawyer (although my oldest daughter is) so anything I have to say about tort law is strictly from a  layman’s perspective.  That being said, I’ll state unequivocally that the Swiss approach to tort law is clearly superior to the US version.    Switzerland has laws designed to keep harmful products off the market but if you want to do something stupid and hurt yourself…  Well, that’s your fault.  Don’t blame someone else.    With regards to medical malpractice suits, you may be surprised to learn that it’s forbidden here for lawyers to participate in any punitive damages or financial compensation their clients are awarded.   They are paid strictly on a fee for service basis.  Plus, the burden of proof for liability is much higher.   The result, as you can imagine, is far fewer lawsuits, lower malpractice premiums and a paltry level of CYA on the part of doctors and hospitals.  This was driven home for us once several years ago when Paige was hospitalized for a severe asthma attack.  The situation was stabilized quickly after admission but the doctors wanted to keep her overnight until her blood oxygen remained above a certain level while sleeping.  As it was not an issue while awake we asked if she could be released temporarily to attend a Christmas performance in which she was supposed to participate.  They said, sure, why not, and released her to our care, still wearing her hospital bracelet, with our promise to return her to the hospital that evening.  Think that would ever happen in the US?