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White House seeks ways to curb malpractice suits
Breitbart ^ | 9/17/09 | ap

Posted on 09/17/2009 9:57:44 AM PDT by Nachum

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To: jdub
Actually, if doctors would come off their high horse and admit that they do make mistakes, a lot of lawsuits could be avoided.

This is quite the naive statement. Lawyers will sue wherever there is money. Doctors could avoid being sued if... if they took a 90% pay cut..

21 posted on 09/17/2009 10:15:02 AM PDT by Paradox (ObamaCare = Logan's Run ; There is no Sanctuary!)
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To: Gideon7
Loser pays (as in the UK). Cap on punitive awards.

That's very interesting that in the UK, of which the liberals all want us to emulate when it comes to healthcare, they have addressed tort reform. Oh, but this is not the part of the UK the libs want us to follow.

Libs - the pick & choose party.

22 posted on 09/17/2009 10:20:02 AM PDT by 3catsanadog (If healthcare reform is passed, 41 years old will be the new 65 YO.)
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To: Nachum

Paying Trial Lawyers tens of millions of dollars to go away and not file their suits is probably the only alternative that could pass the House...


23 posted on 09/17/2009 10:22:43 AM PDT by Buckeye McFrog
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To: jdub
re: Actually, if doctors would come off their high horse and admit that they do make mistakes, a lot of lawsuits could be avoided. Doctors shouldn’t be sued for mere mistakes, only for negligent ones. The trouble is in telling the difference.)))

Maybe the doctors should get of their "high horse" and just shut their practice doors.

24 posted on 09/17/2009 10:25:27 AM PDT by Mamzelle (Who is Kenneth Gladney? (Don't forget to bring your cameras))
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To: DonaldC; Gideon7

Compensating a victim of medical malpractice, it’s almost inpossible to know how much compensation $$$ should be awarded without determining the facts of the case. So as along as tort reform doesn’t mess with that, and only punitive, I’d be okay with that. What does irritate me is the lack of disciplinary measures toward doctors who are consistantly negligent. Punitive damages are awarded by the court as a punishment because the court knows nothing (or it would be rare) will happen to the doc for being negligible. The old saying that a “mechanic has to fix their mistakes and a doctor buries them” is true. If a cap would be limited to $500,000, is that punishment enough? How about $500,000 and probation of license to practice?


25 posted on 09/17/2009 10:28:50 AM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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Dear Commander Zero,

Texas already did the experiment.

It worked.

Next excuse?


26 posted on 09/17/2009 10:48:05 AM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: Nachum

Well, that sure is tort reform, not.’

Exactly !!

Talk about ‘how many ways can NObama waste tax money” topics !

Put a cap on ALL malpractice awards.
Put into place laws that say IF you sue a doctor or hospital, etc, and lose- you must pay all the other persons court costs- every single dime.

All those kids who have ‘learning problems’ or aren’t just perfect?

How about some serious studies of how much drugs played a part in those problems—even a generation back.

People want to use drugs as early as 10 years old, and then when they become ‘parents’ and their kids have problems, they never want to admit that perhaps they ingested or smoked something that caused a tear in the DNA.


27 posted on 09/17/2009 10:48:47 AM PDT by ridesthemiles
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To: Mamzelle

Maybe the doctors should get of their “high horse” and just shut their practice doors.”

I predict that exact result when NObama has shoved his ‘health care bill’ down our throats.


28 posted on 09/17/2009 10:51:23 AM PDT by ridesthemiles
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To: ~Kim4VRWC's~
What does irritate me is the lack of disciplinary measures toward doctors who are consistantly negligent.

What is clear to me is, the "self-policing" of not only doctors, but lawyers and police is totally ineffective. Any real reform which does not include to removal of these "good ol boy" self-policing monstrousities, which have been clearly demonstrated to be futile, is a non-starter...

the infowarrior

29 posted on 09/17/2009 10:53:11 AM PDT by infowarrior
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To: Paradox

Actually, if doctors would come off their high horse and admit that they do make mistakes, a lot of lawsuits could be avoided.
This is quite the naive statement. Lawyers will sue wherever there is money. Doctors could avoid being sued if... if they took a 90% pay cut..”

Actually, it is the insurance companies that pay off the lawsuits.

Every doctor MUST have malpractice insurance.
Those premiums get passed on to you and me in every office visit.
In 1988, my OB/GYN annual visit went from $35 to $65 totally due to his premium going from $14,000 per year to $125,000 in one jump. Doc had been practicing for over 33 years, and had one lawsuit against him, ehich he won.

That $111,000 extra in premiums was passed on to each and every patient visit.

Doctors are not all making millions of dollars.

They leave school and start a practice with a debt load that you would not even consider having yourself if it cost that much to be a welder or a carpenter or some such.


30 posted on 09/17/2009 10:55:25 AM PDT by ridesthemiles
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To: ~Kim4VRWC's~
Tort reform:
1. Eleminate the deep pocket rule.
2. Loser pays
3. Cap punitive damage, and if awarded none goes to the plaintiff of the lawyers - used to offset court costs in general.
4. Create “Legal Aid” where lawyers are forced to charge the same rates that Dr.s are. i.e. $65 for a divorce, no more that $50 per hour for research etc.
5. Re Class action suits - no Lawyer gets paid more than any one of the people represented in the class action.
6. Judges will not be ex lawyers, and are to be trained as a separate profession(different abilities are required).
7. eliminate the requirement for both sides to negotiate through their individual lawyers. In Europe the principles meet and either one of their lawyers can write up the deal.
31 posted on 09/17/2009 10:55:47 AM PDT by stubernx98 (cranky, but reasonable)
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To: Nachum

http://www.freedomsphoenix.com/News/057709-2009-09-16-exclusive-interview-congressman-alan-grayson-talks-fed-transparency-and-missing.htm


32 posted on 09/17/2009 10:57:00 AM PDT by FromLori (FromLori)
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To: infowarrior

Self-policing~excellent. You hit the nail on the head. That’s the key problem and why the courts allow for punitive damages.. Uhoh, we’ll have a doctor czar next.


33 posted on 09/17/2009 10:59:20 AM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: stubernx98

2. Disagree, Would rather see a standard screening process to prevent frivilous suits. “If not for “negligant actions”, patient wouldn’t have “died”, or been “permanently harmed/damaged/disabled/limited”.. Temporary damage, could be a different classification. Regardless, loser pays is bad because sometimes guilty doctors win their cases for a variety of reasons. Poor atty skills on behalf of plaintiff etc..

3. Good idea!

4. Our current legal aid isn’t that hot. I don’t trust the idea/concept.

5. Class actions are costly..not sure. Docs should pay their costs, and I agree with the rest.

6 interesting!

7 no way jose! That’s like having a person settle with an insurance company after a carwreck that resulted in serious damages. They have self-interest at heart.


34 posted on 09/17/2009 11:12:16 AM PDT by Freedom2specul8 (I am Jim Thompson............................Please pray for our troops....)
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To: Nachum
Ho, Ho, Ho, another early Xmas present to the trial lawyer lobby. Their money stream will not be affected by ObamaCare.
35 posted on 09/17/2009 11:13:40 AM PDT by RicocheT
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To: Paradox

speaking of naive, you do realize that there has to be a plaintiff for their to be a lawsuit, right? It seems that some people think that a lawyer can just award a verdict himself, without any basis in law, findings by a jury, etc... It really is rather comical.


36 posted on 09/17/2009 11:25:45 AM PDT by jdub (A patriot must always be ready to defend his country against his government.)
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To: ridesthemiles
Doc had been practicing for over 33 years, and had one lawsuit against him, ehich he won.

Which ought to demonstrate that the malpractice insurance industry has created a phantom bogeyman in the malpractice lawsuit. It justifies their rediculous premiums, while shifting the blame to lawyers.

37 posted on 09/17/2009 11:31:52 AM PDT by jdub (A patriot must always be ready to defend his country against his government.)
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To: socialismisinsidious


Socialized Medicine aka Universal Health Care daily digest PING LIST

FReepmail me if you want to be added to or removed from this daily digest ping list (one ping per day of links to pertinent articles).




38 posted on 09/17/2009 11:47:00 AM PDT by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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To: Nachum
Only a bureaucrat would throw tons of money at a problem to "study it" and straight face pretend that they are then going to fix the problem....no doubt law firms will be the ones doing the "studying".


39 posted on 09/17/2009 11:51:25 AM PDT by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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