Posted on 02/17/2005 7:33:27 AM PST by Ravi
The "tort reform" bill approved by the Georgia Legislature and signed into law this week by Gov. Sonny Perdue may prove to be one of the most destructive pieces of legislation enacted in the state in years.
Senate Bill 3 cripples the legal system, not accidentally as a wayward scalpel might, but intentionally. It is designed to prevent juries from delivering the justice that they are charged to produce, even in the worst cases of malpractice by doctors and hospitals.
Even in the most egregious cases of incompetence or negligence, such as those that end in the unnecessary death or permanent paralysis of patients, the bill will limit damages for pain and suffering to no more than $350,000. That's a cheap price for a life. And in many cases arising out of emergency room care, the victims or their survivors will effectively have no legal recourse whatsoever.
The bill is outrageous for many reasons, not least because it was championed by conservative politicians who in other contexts love to preach about the importance of accountability, about making people take responsibility for their actions and mistakes. That's the argument they use in cutting social spending, in raising prison sentences, in making abortion less accessible: People must be made accountable.
But apparently, accountability is good only for the little people. As passage of this law demonstrates, those who are wealthy enough can buy themselves an exemption from the legal system, to ensure that they will not be held accountable in a court of law for the damages that they do. In every other line of work, from truck driving to running a restaurant, citizens are accountable if they cause death or injury. But not in the medical field.
(Excerpt) Read more at ajc.com ...
Your tired and idiotic article sounded like talking points from a trial lawyer's mouth. I wonder if someone in your family makes a living suing doctors. You obviously have lost all reason with this article and are spewing hatred at doctors. When you're sick and need someone to take care of you, try calling a trial lawyer. See how far that gets you.
Texas passed an excellent law - you obviously didn't do your research (Dan Rather, Mary Mapes comparison here). Otherwise, you would be aware that TMLT (largest insurer of physicians in Texas) lowered their rates 12% the first year after passage of the law and 8% last year. 12 new insurers are coming into the market - that will drive down rates. But I'm sure you know nothing about competitive markets and how that keeps insurance rates down.
Also, cherrypicking states without caps - you mention Washington State. There too, neurosurgeons and OB's are closing up shop left and right. Let's look at two other states without caps - Pennsylvania and Illinois. There are about 3 or 4 orthopedic surgeons left in Pennsylvania in private practice under the age of 35. All others have left. As all the older orthopods retire, good luck finding anyone to fix your broken bone.
Illinois is a disaster. There are no neurosurgeons south of Springfield performing any neurosurgical procedures involving head trauma. So if you're unlucky enough to be involved in a car accident in southern Illinois and suffer a brain hematoma, your golden hour to get that treated becomes an ungolden four hours or longer. That's something to chew on.
I can tell you now in Georgia, OB's will start trickling in, Neurosurgeons will be more available and the overall healthcare quality will increase as a result of passage of this law. So be thankful you now live in a state where doctors want to come and practice. It may save your life.
So before you make random assertions without any evidence and merely spew democratic and trial lawyer talking points, it would be helpful if you did a little research. You may learn a thing or two even as a deputy editor.
With Best Regards
You PINNED his ears back very nicely. Poison pen letter PING!
Oooo, that's gonna leave a mark. :)
It is going to cripple lawyers ability to make a living. Baaahh!
>> Even in the most egregious cases of incompetence or negligence, such as those that end in the unnecessary death or permanent paralysis of patients, the bill will limit damages for pain and suffering to no more than $350,000. That's a cheap price for a life.<<
That amounts to an outright lie. Unless this bill is worded drastically different than any other tort reform legislation I've ever seen AND AJC screwed up themselves by wrongfully inserting the phrase "for pain and suffering," the "price for a life" is added on TOP of the "pain and suffering" judgment.
>> The bill is outrageous for many reasons, not least because it was championed by conservative politicians <<
Wow. Blatant admission of ad hominem.
>> That's the argument they use in ... making abortion less accessible: People must be made accountable. <<
Typical screaming-Dean, Move-On style political smear: I thought we were trying to save lives. No, to the AJC, we're just interested in punishing naughty women.
I've been "optimistically" aiming at 57 or 58 Senate seats in '06; I'm getting the feeling 60 is doable.
No, sorry, but it won't. The person who opens the envelope will never read past, "Your tired and idiotic article" before crumpling it up and throwing it in a waste basket reserved for "extremist wingnuts."
It doesn't matter how excellent the rest of the article is if people don't read it.
"It is designed to prevent juries from delivering the 'justice that they are charged to produce"
WRONG. Juries are not charged to "deliver justice". They are charged to protect both civil and criminal defendants from the power of the courts unless and until the plaintiff or prosecution proves his case against the defendant.
To put it in terms the author might understand, juries are shields. Not swords.
"No, sorry, but it won't. The person who opens the envelope will never read past, "Your tired and idiotic article" before crumpling it up and throwing it in a waste basket reserved for "extremist wingnuts.""
So true, but hey, a man can dream, can't he? ;)
"In addition, the medical industry is under enormous pressure to cut costs, reduce nursing staff, increase productivity and cram as many paying patients through the system as possible. Outside oversight to ensure quality control is almost nonexistent. The threat of a malpractice suit provided at least a modicum of pressure on the system to keep staffing levels up and procedures professional. Now that is gone."
He does not realize that much of this cost cutting is because hospitals, doctors cannot afford to pay malpractice insurance premiums as well as "keep staffing levels up."
As far as "Outside oversight to ensure quality control" is concerned, how many physicians oversee the scruples of overzealous ambulance-chasers? Tort reform will at least keep frivolous lawsuits out of lawyers' hands.
I was so angry reading his diatribe that those were the first words that spilled out in my email. I should have edited that out. Oh well, I'll do that net time.
Searches don't reveal Bookman as a lawyer...wonder if he's married to one, or otherwise lives on shyster welfare?
Thank, for the excellent post. I love the whine of "Lawyers in the Morning."
Yoda wasn't THAT bad of an instructor.
Notice how the only states that want to drive doctors away are Blue ones.
Mr. Bookman issues the usual completely dishonest Trial Lawyer Industry press releases masquarading as news/commentary.
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