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Old 12-27-2006, 09:04 PM
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Default Tort Reform

I am curious as to how many on the forum, think that their state should have tort reform, keeping the settlements to resonable amounts considering each case brought before the courts>
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Old 12-27-2006, 09:25 PM
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I am curious as to how many on the forum, think that their state should have tort reform, keeping the settlements to resonable amounts considering each case brought before the courts>
I would be for getting rid of frivolous lawsuits, however, I would have serious reservations on limiting medical liability from companies that knowingly keep producing dangerous products.
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Old 12-28-2006, 06:23 AM
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freedomlover, I have to agree with you on that to a point. The real problem with this is the insurance lobby. The cost of malpractice insurance is driving many people away from medicine all together. This is going to effect the less populated areas first before the cityies and metro areas are hit with a shortage of trained qualified medical professionals.

I am very happy to hold manufacturers responsible for producing faulty products but I am afraid that unless damage limits are estblished then the only ones benefiting really are the lawyers.
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Old 12-28-2006, 06:41 AM
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freedomlover, I have to agree with you on that to a point. The real problem with this is the insurance lobby. The cost of malpractice insurance is driving many people away from medicine all together. This is going to effect the less populated areas first before the cityies and metro areas are hit with a shortage of trained qualified medical professionals.

I am very happy to hold manufacturers responsible for producing faulty products but I am afraid that unless damage limits are estblished then the only ones benefiting really are the lawyers.
Well, what I think would help with that is limit "pain and suffering" outlay, which the lawyers can draw on their share and leave the medical open for the manufacturer to pay for. The manufacturers would then be responsible for any future medical bills without set limits, the lawyers couldn't touch the medical settlement, and the consumer is protected.
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Old 12-28-2006, 07:23 AM
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Umm yes I think that might work. I am not in the legal field and have had very little experience with the legal system. Your information is very helpful to helping me understand this.
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Old 12-28-2006, 09:01 AM
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Umm yes I think that might work. I am not in the legal field and have had very little experience with the legal system. Your information is very helpful to helping me understand this.
I actually have very little experience with the legal system either. I was basing this on what little knowledge I have of the workers comp. system in Kansas. There is a few problems with it though. If you set the pain/suffering limit or the disability limit too low, there is little incentive to produce a safe product. For example, again using the work comp. in Kansas, loss of life is limited to $100,000. You can not sue for negligence on the part of the business owner, therefor, sometimes safety standards are all but ignored. Very few lawyers will touch workers comp. for this reason. Without a lawyer you are stuck with the physician for the company, which in some cases that I know of, is not a good thing.

Even with a lawyer, you can be permanently disabled and unable to perform you duties in your chosen career path and the compensation is very little.

However, I do think that the open medical for any particular injury is the one thing that protects the worker.
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Old 12-28-2006, 10:58 AM
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I am curious as to how many on the forum, think that their state should have tort reform, keeping the settlements to resonable amounts considering each case brought before the courts>
Nationalize healthcare. Nationalize malpractice insurance. Forget tort reform.
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Old 12-28-2006, 11:01 AM
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Georgie, is it that easy? Please tell us what to do and say to do this and also tell us how much it is going to cost us?
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Old 12-28-2006, 11:12 AM
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Georgie, is it that easy? Please tell us what to do and say to do this and also tell us how much it is going to cost us?
Figure it this way, Rob. The Euros and Canucks get wider and better coverage than we do, they live longer, and it costs them half as much. Private health care in this country has had its chance, and it has failed.
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Old 12-28-2006, 12:35 PM
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freedomlover, I have to agree with you on that to a point. The real problem with this is the insurance lobby. The cost of malpractice insurance is driving many people away from medicine all together. This is going to effect the less populated areas first before the cityies and metro areas are hit with a shortage of trained qualified medical professionals.

I am very happy to hold manufacturers responsible for producing faulty products but I am afraid that unless damage limits are estblished then the only ones benefiting really are the lawyers.
Rob : Malpractice insurance is not driving potential physicians from seeking a degree in medicine. The two specialties affected are Obstetrics and Neurosurgery.. They are affected with high malpractice but can usually make over 400,000/per year with the high premiums if practicing in specific regions of the country. The issue is in rural regions espicially the midwest where many people are uninsured they cannot make a living so these places will often go uncovered in Obstetrics or Neurosurgery. Surgical specialists (Urologists, Cardiac Surgeons, General Surgeons, Orthopods complain a lot about malpractice premiums but most make over 900,000/year and live in multimillion dollar homes in my city.)

I do agree the insurance lobby and industry has scammed America. Health Insurance CEO are making over 25 million per year . I am too tired right now and need to catch some sleep but the public is so naive about medical costs and care in america. Opinions of those in the business differ but I believe a change is needed but a compromise not socialized medicine or the current system but other changes.
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