The problem is that people sue over everything, so why deal with the hassle when you can go into defense mode early and stave off frivolous court proceedings?

The problem is that people sue over everything, so why deal with the hassle when you can go into defense mode early and stave off frivolous court proceedings? I suspect that going into "don't get sued" mode actually encourages lawsuits. I read an article a while back that indicated the doctors with the highest rate of malpractice suits were not the ones who made the most errors but the ones who were the least empathetic. There has been at least one study that concluded insensitivity and poor communication after the incident was a major factor in the decision to sue. http://www.ncbi.nlm.nih.gov/pubmed/7911925 http://www.ncbi.nlm.nih.gov/pubmed/7911925