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To: Iwo Jima

You are treating the case where a doctor is sued for wrongfully causing a patient to be banned from using a gun, as the same as a case where a doctor is sued for wrongfully NOT banning a patient from using a gun. You gave me examples of the former. But the LATTER is the death trap for 2nd Amendment rights. All it takes is a session of legislature for your pendulum to swing back even in your own home state, by the way.


59 posted on 06/23/2007 12:29:18 AM PDT by HiTech RedNeck
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To: HiTech RedNeck
I understand fully this threat to our firearms freedoms. And I fully agree that a doctor who would do such a thing should be sued for everything he owns. And I would dearly love to be the lawyer that sued him.

BUT tort reform has made such a lawsuit not only legally impossible but financially ruinous to anyone who would bring such a suit in Texas and I predict many other states.

Now do you get it? Tort reform has all but destroyed our legal system and impaired our ability to use the courts to protect our 2A and other freedoms.
63 posted on 06/23/2007 12:40:17 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: HiTech RedNeck
You are treating the case where a doctor is sued for wrongfully causing a patient to be banned from using a gun, as the same as a case where a doctor is sued for wrongfully NOT banning a patient from using a gun.

This statement makes no sense. Acts and omissions of a health care providers are treated equally under the medical malpractice law. There is a word for litigants who have tried to use your argument in Texas courts: losers. Oh, and another word: bankrupt.

All it takes is a session of legislature for your pendulum to swing back even in your own home state, by the way.

The doctors and the insurance companies own the Texas state legislature, And it would take a constitutional amendment which the legislature would have to propose to change the law as they have it fixed now.
64 posted on 06/23/2007 12:47:24 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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