This is how morality works: If there was one single time when you attempted to or succeeded in screwing someone over, you have done something monstrous. That person was struggling, and you either tried to make it worse, or you succeeded in doing so. It doesn't matter that it was legal for you to do this. It was a terrible thing to do to someone else, and it wasn't the "system" hurting them. It was you. You could have done something else with your talents, but instead you worked it out in your mind that using the court system to intimidate and harass someone was ok. — frank
And if there were a single instance where an injured person overstated his injuries and recovered as a result, then that too was monsterous. I guess.
The whole system is a contrivance. The idea that my efforts reduced someone's pain and suffering from $100,000 to $10,000 can hardly be said to be immoral because that would suggest that $100,000 were moral by some objective standard. If you're interested, and I doubt you are, you can research the history of pain and suffering damages from their colonial roots to how they were advanced by Plaintiff's lawyers when automobiles arrived on the scene along with auto insurance. That is, pain and suffering damages as we known them today are a historical event arising out of cars, claims, and this new idea of insurance for the common man. Before that, they were a rarity.
From there, these attorneys needed to get paid, and their clients lacked the funds and it would do no good just to secure the medical bills, future treatment costs, and lost wages because the injured person would still be out of pocket his attorneys fees that he could not afford to front. The pain and suffering damages added a pad to that in order to pay the attorneys and greatly increase the amount of the payout. And that welcomed in the contingency fee, so that the attorney could receive 33% to 40% of the recovery, making it very lucrative to overstate the injuries as that would benefit the lawyer as well. That is, the pain and suffering are the attorney fees as much as they represent any actual pain or suffering.
And from there it became known that juries were computing pain and suffering damages based upon the amount of actual damages, meaning that if there were $100,000 in medical bills, the jury would award more pain and suffering than if there were $10,000 in bills, so much so that a direct statistical correlation has been shown.
And this ushered in sending Plaintiff's to doctors that worked closely with the attorneys who would inflate the medical bills beyond recognition and would peform procedures that were not needed. It's amazing to me how only the at-fault party seems to avoid injury in these claims I have. That is to say, if you incentivize conduct financially, it will happen. That's what capitalism is all about. If you get more treatment, you get more money, ergo, more treatment.
All of this is to say you can't evaluate morality in such a system except maybe to question the system. It's like saying a football team was immoral because it threw a trick play and won the game. If it's all a game, it's all a game. You may want it to be something else, but there are billions of dollars driving this industry and if you think it about something other than the billions of dollars, it's just because you don't know.