Posted on 01/07/2017 11:01:19 AM PST by Brian Griffin
“There would be no reason not to make a claim under this system.”
The $300/2% fee system is meant to provide reason.
To try to get anything would cost you $300 plus the expensive fee of a medical professional to prepare the claim.
The only medical professionals who would prepare a claim against a fellow medical professional expect big bucks.
At least $450 (and more likely $950++) and two rejection letters later you can try things the old-fashioned way at the local courthouse with a judge that will now know your claim is bogus.
My proposal allows a panel to suspend the license of a wayward claim preparer for 30 days and even to recommend license revocation.
To try to get $1 million would cost at least $20,300 in fees. That’s a very expensive rejection letter.
I think my proposed fees are sufficient.
“I assume the purpose is to insulate responsible Physicians from Jackpot Justice Malpractice Suits.”
Yes.
“fines and penalties”
They can’t fine anybody.
Yes, they can suspend professional licenses for 30 days. I don’t expect that to happen often.
“grossly overpaid Union protected Public Servants”
The panel professionals will mainly be doctors, paid $100/$130 hour. A nice part-time, semi-retirement job.
The highlighting and list is meant to cut the cost of their services greatly.
I was called to jury duty recently. The lawyers expected a 14-day case. I suspected the lawyer cost to be at least $300,000 just for that one case.
It’s much, much cheaper to handle things administratively (as much as is possible), even with “elite grossly overpaid Union protected Public Servants”.
“I didn’t ask about authority to tax, I asked about authority to provide professional/business insurance.”
“United States law requires payment of 8 cents per barrel of oil to the Oil Spill Liability Trust Fund for all oil imported or produced.”
https://en.wikipedia.org/wiki/Price%E2%80%93Anderson_Nuclear_Industries_Indemnity_Act
The constitutionality of my plan comes from the need to maintain the affordability of health insurance system that pays for the second most important article of interstate commerce, prescription drugs (~$300 billion/year).
It also comes from the need to have enough doctors to prescribe those important products of interstate commerce.
The IRS disagrees.
The panel professionals will mainly be doctors, paid $100/$130 hour.
The panel professionals will mainly be exactly what the Federal Court that reviews this legislation directs. Remember that Jackpot Justice is administered by the same lawyers judges and courts that will review this legislation. They even had their own Presidential candidate a while back, John Edwards.
Additionally there are plenty of immune non practicing doctors and pros that are media talking heads who would be delighted to testify against practicing physicians.
It’s much, much cheaper to handle things administratively (as much as is possible), even with “elite grossly overpaid Union protected Public Servants”.
As we have seen with EPA and CAL EPA.
Low income plaintiffs will immediately have all filing and appeal fees waived and will buy soda on their way home with their EBT card.
This is entirely Horse Manure.
“By that measure the powers of Congress are unlimited rather than enumerated.”
The Supreme Court has used a most generous measure since the 1930’s.
My plan is at least as Constitutional as Medicare or Social Security.
No Supreme Court is going to take down either one or set a precedent that would allow Medicare or Social Security to be ruled unconstitutional.
“Low income plaintiffs will immediately have all filing and appeal fees waived”
Um, you have a good one there.
I’ll investigate.
Interesting that you cite Medicare or Social Security.
Great Society & New Deal are cancers to be excised.
The Supreme Court also believes the government can compel contracts.
I have a lot of good ones.
If you really want to crimp Jackpot Justice you might try:
Loser Pays
Plaintiff and Lawyer considered collectively (If the Plaintiff is broke and can't pay the defendant upon losing, plaintiff's lawyer pays).
Require a preponderance of evidence show prior intent on behalf of the Defendant for an award to Plaintiff.
Immunize physicians in a public emergency event (like good Samaritans).
Immunize physicians that are required to work excessively long shifts beyond fatigue limits.
“Loser Pays”
“Plaintiff and Lawyer considered collectively (If the Plaintiff is broke and can’t pay the defendant upon losing, plaintiff’s lawyer pays).”
In malpractice cases I’m generally fine with that.
At least one expert witness is required. That expert can be (and in practice is) consulted in advance.
However if a popular guideline is violated or the procedure of the most popular textbook isn’t followed, should legal fees be awarded?
Should I and my attorney be held liable if a licensed medical doctor of the state says that malpractice was committed, describes that malpractice in writing and provides me and my attorney peer-reviewed literature supporting the filing of a suit?
How am I to know what doctors in northeast Nebraska practice in an era of patient privacy laws?
In patent cases never. Patent law includes stuff like obviousness (based on thousands of pages of prior art, foreign and domestic).
In HOA cases, never. HOA boards are often unreasonable.
“Immunize physicians that are required to work excessively long shifts beyond fatigue limits.”
Notice to the public?
Hospital only?
Should we make the patient’s hospital/insurer take on the risk so injured patients can get compensated? Patient only compensation?
“soda tax”
It would be hard to collect in areas like Metro NYC/DC/KC/Philly because other states are nearby and soda can be stored for a long time.
Perhaps a different tax.
Cable tax increase?
“Low income plaintiffs will immediately have all filing and appeal fees waived and will buy soda on their way home with their EBT card.”
Mr. Indigent would still need a claimant’s practitioner’s statement.
Perhaps a panel should be able to fine such wayward practitioners.
Perhaps each claimant practitioner should have to pass a special exam and post a bond for possible unpaid fee amounts for unjustified claims.
Mr. Indigent might find his real lottery prizes justified judgements seized for 10 times the standard fee.
Mr. Indigent might lose his Obamaphone benefits for ten years.
“The Supreme Court also believes the government can compel contracts.”
And that’s truly awful.
“The Supreme Court also believes the government can compel contracts.”
And that’s truly awful.
“Where does the Constitution authorize”
States will make power grabs taking over their systems pronto.
I believe every state runs its own unemployment compensation system.
"preponderance" <-> pound?
"intent"
Even quacks don't intend to harm patients, but they can and do.
“Loser pays”
Just to be clear, my system envisions panels to function informally, much as small claims court do.
If less than the small claims court maximum is claimed, no attorney fees would ever be paid.
The panels would almost never hold hearings. Typically, the practitioner statements and medical evidence would be thoroughly reviewed by one panel member and he/she would form an opinion. Then the entire panel would meet and discuss the case among themselves.
If for a claimant,they would then note on the list what damages to award. An administrative clerk would go through the evidence to see that the amounts are justified by evidence.
The panel would then (meet again informally to) issue their official decision.
Hearings would only be held when a panel thinks witness testimony is required.
Medical malpractice is a scientific matter, not a legal one.
If some court ordered damages are ultimately upheld and the total amount upheld for a claimant hasn’t all been paid to the claimant within 30 business days after the court decision has been presented to the wayward practitioner, then no “loser pays” whatsoever.
The mere filing of a complaint should never trigger “loser pays”.
The ‘King’ heard complaints of his subjects because he did not want them taking private revenge.
The “Loser pays” clock should only begin tick 30 days after a logically complete response has been served on a claimant (and all sums due the claimant have been paid).
The claimant should know enough, go away.
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