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Tort Reform?

Ragnar_Rahl
Posts: 19,297
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3/21/2010 8:24:53 PM
Posted: 6 years ago
tort reform!

Doctor needs insurance.

...
What reforms are you talking about specifically?
It came to be at its height. It was commanded to command. It was a capital before its first stone was laid. It was a monument to the spirit of man.
mongoose
Posts: 3,500
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3/21/2010 8:25:03 PM
Posted: 6 years ago
At 3/21/2010 8:22:03 PM, comoncents wrote:
Who is for it and Who is against it?



Why?

For, it saves monies.
It is odd when one's capacity for compassion is measured not in what he is willing to do by his own time, effort, and property, but what he will force others to do with their own property instead.
RoyLatham
Posts: 4,488
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3/22/2010 7:19:22 AM
Posted: 6 years ago
Liability insurance is a major health care cost. The cost comes directly from the doc's insurance premiums, but mainly from practicing defensive medicine whereby extra tests and longer hospital stays are performed for the purpose of warding off lawsuits.

If a doctor makes a mistake, the consequent health expenses are still paid under tort reform. The issue is the "pain and suffering" award. Tort reform includes issues of capping lawyers fees (lawyers now get one-third), capping pain and suffering awards (usually $250K is suggested), and having the loser in lawsuits pay all the court costs for both sides. Another issue is allowing judges to directly dismiss frivolous lawsuits.

No other country has the US system that works to the benefit of lawyers. Lawyers are the top contributors to the Democrats, which is why tort reform has always been blocked. those who idolize foreign systems somehow omit the tort reform aspects.

There is another thing that is rarely discussed. In the US, it is not possible for an individual to waive their right to sue. You may sign a waiver, but that doesn't legally get rid of the right, although it may restrict the right. I seems to me that it ought to be legal to waive the right to sue for pain and suffering in return for a discount on surgery or other medical procedures. Some provision would have to be included to make sure that the patient is properly informed of what he is doing.

Anyway, I strongly favor tort reform. Some states have various forms of tort reform, and I don't know of any problems as a result.