TennesseeCarl Posted July 14, 2003 Share Posted July 14, 2003 Has anyone inquired what, exactly, would be the benefits of this so-called 'tort reform'? Shouldn't we know that before we go down the path of capping recoveries? As most of you know, I'm a lawyer. I don't practice Personal Injury, but I may in the future (the siren call of $ has it's allure). But let's say we give up our ability to bring suit against health care professionals....what's in it for you? Lower health care costs? Yeah...sure. A higher level of medical practice? (Based on the argument that we force doctors to practice 'defensive medicine'). I don't buy it. Who would these reforms help? I mean other than doctors and insurance companies? Link to comment Share on other sites More sharing options...
phanatic Posted July 14, 2003 Share Posted July 14, 2003 I came acroos this today and I must say it struck me as funny. Sorry, it's NOT PC! Link to comment Share on other sites More sharing options...
phanatic Posted July 14, 2003 Share Posted July 14, 2003 Ok I might as well COMPLETELY hang myself. Link to comment Share on other sites More sharing options...
Larry Posted July 14, 2003 Share Posted July 14, 2003 The reasoning behind the "anything beyond the ceiling goes to the county" limit was: The purpose of punative damages is to punish a defendant who's done something terribly wrong. Not to create another lotto winner. (I suspect the purpose of the "absolute ceiling" proponents is: To render large defendants immune from punishment, no matter what they do.) Link to comment Share on other sites More sharing options...
Storm Posted July 14, 2003 Share Posted July 14, 2003 But let's say we give up our ability to bring suit against health care professionals....what's in it for you? Lower health care costs? Yeah...sure. A higher level of medical practice? (Based on the argument that we force doctors to practice 'defensive medicine'). I don't buy it. It decrease the cost of health care by A) reducing the amount doctors and insurance companies pay out for bogus law suits--these cost are therefore not just passed on to the patients. decreases the amount of tests and unnecessary workups that have to be done today in the name of defensive medicine. On top of that keeps more physicians practicing in areas that are today notorious for theyre high malpractice insurance premiums (WVA recently), therefore pts will have access to physicians when they need them. Link to comment Share on other sites More sharing options...
Burgold Posted July 14, 2003 Share Posted July 14, 2003 I to won't decrease anything. Once someone raises their price, they rarely rebate it if they get a discount to pass along to the consumer. It may slow the rate that they raise their fees, but if you think doctors will cut their fees simply because they may pay less insurance... Moreover, if you think insurers are really going dramatically reduce their coverage prices (without the help of a competition war) I've got some great dessert... er beach front property for ya. The idea that it may help some doctors to keep their practices is an interesting one. On the other hand, if this is a doctor who has repeatedly getting sued for malpractice... do you really want to be his patient? Link to comment Share on other sites More sharing options...
TennesseeCarl Posted July 14, 2003 Share Posted July 14, 2003 Storm - if you can provide some assurance from the AMA or some collective body of physicians that they'll lower their fees, I'll consider it. Otherwise, you're operating purely on conjecture. A conjecture, I might add, that cuts against the grain of everything we know about human nature. Link to comment Share on other sites More sharing options...
Kilmer17 Posted July 14, 2003 Share Posted July 14, 2003 And at the same time they will complain that Insurance costs are too high. Get a clue people. As for socialized medicine, I'd rather not have to wait 10-12 weeks for an MRI if the doctor thinks I may have a tumor thank you very much. How about this option, instead of limiting the award, limit the fees that the John Edwards of the world are allowed to collect. Link to comment Share on other sites More sharing options...
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