Tort Reform?

[FisherRd]

The lawyer and the lawyer wanna-be are against tort reform...shocking.

It's not called Defensive Medicine for nuttin.

The reason we never hear about a Doctor's gross revenue is the same reason we never hear about yours, or mine. They, for the most part, and we, aren't civil servants.

[dtwarren]

Actually I work in the insurance industry.

[therising]

My doctor told me that he he was fairly sure that I didn't have chronic dipolamia.

I said to him "Aren't you going to send me for a test anyway?"
He said "No, that would be defensive medicine, and I'm for tort reform."

Being a maverick, I can't disagree with him.

[Save Us]

Originally Posted by therising

My doctor told me that he he was fairly sure that I didn't have chronic dipolamia.

I said to him "Aren't you going to send me for a test anyway?"
He said "No, that would be defensive medicine, and I'm for tort reform."

Being a maverick, I can't disagree with him.

You need a second opinion.

[tomac]

Originally Posted by run4it

When talking about health care reform, so many people yell about 'tort reform'.
What does tort reform mean exactly? What would you like to see? Limits on awards for malpractice? How much is your life worth to you? The life of a loved one? If a doctor is so grossly negligent so as to end your life (literally, or as you know it) should he not be required to give you recompense.
Let's give one instance. Say I'm 25 years old. I have a good education and a middle class job. Go in for a simple procedure and OOPS, Doctor cuts a nerve and I'm a quadripalegic for the rest of my life.
So if I were going to make, say $50m a year. At this rate, probably going to work 40 years til retirement at age 65. 40 years times $50m a year comes to a total of 2 million dollars in lost income alone. There shouldn't be any added recompense for punitive damages (pain and suffering, etc)? What about a lifetime of required medical services? Or should the state pay for that through SSI and welfare? Why SHOULDN'T the doctor (or those who choose to insure such a doctor) have to pay for these things if he so royally screws up?
So tell me, how much exactly is any given life worth to you when it comes to 'tort reform'?
For the record, I dont' reject out of hand any use for so-called 'tort reform'. Someone just has to convince me what is 'fair'.

Tort reform covers a lot of things. How about you go to Cello and Barnjob, Attys at law and they win $5million for your pain and suffering. Then after they take their cut and pay the legal fees to the court and the taxes, you find that you have about $20.38 left?
And before you say, that don't happen, it did more times than you'd guess.
The ones screaming loudest against Tort Reform are the trial lawyers for this very reason, not the insurance companies or the doctors.
Ambulance-chasing Lawyers are crooks.

[nogods]

Originally Posted by tomac

Tort reform covers a lot of things. How about you go to Cello and Barnjob, Attys at law and they win $5million for your pain and suffering. Then after they take their cut and pay the legal fees to the court and the taxes, you find that you have about $20.38 left?
And before you say, that don't happen, it did more times than you'd guess.
The ones screaming loudest against Tort Reform are the trial lawyers for this very reason, not the insurance companies or the doctors.
Ambulance-chasing Lawyers are crooks.

Until you are the one in the ambulance - then it is "get me justice!"

[Jim Ostrowski]

"Does anyone know how much these guys pay for malpractice...?"

Measured against what gross billings?

Why has that been a big secret for 25 years?

Tort law allows people who has suffered injury to their bodies recover compensation from a jury (7th Amend.) from those who wrongfully caused their injury. Which part of that do you want to reform?

Ironically, "tort" means injury from "twist". Are you going to reform the injury?

[therising]

When a politician waits for the cameras to come on, and says "I'm for tort reform!" when he really means is:

"I know there's not a snowballs chance in hell that my (mostly lawyer) colleagues and I are ever going to pass this crap, but the research shows that it's what my idiot constituents think they want, so I'll just make like I want it, then I get to blame the other side if it doesn't pass."

[mikenold]

This really is simple economics. The less money that people can sue a Doctor for, the less the Doctor has to pay in insurance costs, the less the patient has to pay for a "visit".

Put a cap on the amount a jury can award, period. Charge the person that brings the suit if it turns out to be frivolous. This can cut a whole lot of expense from the pie.

[tomac]

Originally Posted by nogods

Until you are the one in the ambulance - then it is "get me justice!"

Where is the justice in the lawyer taking the lion's share of an award for all his "hard work"?
Some of these firms charge up to 33% off of the gross.....

[Jim Ostrowski]

All those lawyers would love to get paid by the hour as the doctors' lawyers are. Do you have $200 an hour to hire a good lawyer?

[dtwarren]

Actually what is causing a significant part of the increase in med mal rates (which by the way the rates have been frozen the past 2 to 4 years in New York) was that the fund that paid out on losses to doctors who could not obtain med mal insurance was raided by the state to cover deficits and when the state did that they required only med mal insurers to cover any losses of the fund,

[Dougles]

Originally Posted by Jim Ostrowski

All those lawyers would love to get paid by the hour as the doctors' lawyers are. Do you have $200 an hour to hire a good lawyer?

no but i'm sure we can work out some type of loan on my future winnings at a 30% interest rate

(note this is mocking why Celino or Barnes got canned for a year)

[Jim Ostrowski]

That's exactly what a contingency fee is.

[Dougles]

Originally Posted by dtwarren

Actually what is causing a significant part of the increase in med mal rates (which by the way the rates have been frozen the past 2 to 4 years in New York) was that the fund that paid out on losses to doctors who could not obtain med mal insurance was raided by the state to cover deficits and when the state did that they required only med mal insurers to cover any losses of the fund,

Ironically something politicians won't tell you!


We need to add a state ammendment that only allows tax and other revunes to be spent as their supposed to, to eliminate the state taking HALF A BILLION from NYSPA to use to pay off their liberal deficits!