American Law

Paper Summary:

In theory, many regard the American legal system as the best in the world. In practice, a wide gulf exists between the "law on the books" and the "law in action." This paper explores that gulf by examining the case of Freeman vs. MediCal. This paper shows how the philosophy of the law influenced the resolution of the dispute and how Freeman's attorney, Joseph Byrd, used the laws on the books and the adversarial process to achieve his client's goals.

From the Paper:

"Thus, MediCal stood accused of violating federal and state law, and stood little chance of succeeding in court. Faced with the facts as presented here, and weighing other factors (discussed later), MediCal settled the case. The agreement between the agency and Freeman guaranteed round-the-clock care for David by a registered nurse, to be paid for by the state. The state also paid David an undisclosed sum, certainly less than he probably could have won at trial. However, he never sought money and certainly did not want a trial (he simply wanted to go home). The amount probably did not compensate for all that he suffered, including emotional damage and the risks of serious respiratory illness he faced while stuck in intensive care for two months."

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