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To: WilliamWallace1999
Yes, it is about proposed limits on damages to the family. Keep in mind that financial losses are taxed at the full rate so if a settlement is concocted, no matter what the increases in inflation, etc., the settlement will be taxed annually. The punitive cap of $250,000 basically gives doctors and hosipitals a free hand to do whatever they want because they are self-regulating. The problem is not the outrageous damages awarded to families due to negligence by doctors. The problem is that insurance companies are stupid enough to keep writing policies for repeat offenders and the state boards refuse to revoke the right to practice of these doctors who have no business practicing medicine.

My objection to the trial lawyers is identical. Instead of facing any consequences for numerous garbage lawsuits, they refuse to regulate themselves either. The state BAR in almost any state is a social club which does nothing to evict a practicing member unless he commits murder or worse (usually only if on a fellow lawyer, well, maybe not j/k).

The bottom line is that the public has allowed these two self-regulating professions to spiral out of control. Tort-reform cures nothing. The real reform needs to come on a state by state level, with citizen run regulatory boards having an equal say with the professional groups. It's time to take a stand. Too bad the sheeple will take that stand by continuing to pay financially and with their health for the mistakes of insurers, lawyers, doctors and corrupt politicians.
13 posted on 05/19/2003 6:39:49 AM PDT by Beck_isright (When Senator Byrd landed on an aircraft carrier, the blacks were forced below shoveling coal...)
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To: Beck_isright
There is one more attack that must be made to prevent these frivolous lawsuits and that is the jury selection process. Juries are typically make up of bleeding heart types for two reasons: (1) business people and conservatives are notorious for doing every thing they can to avoid jury duty and (2) those left to serve are the unemployed, the community-conscious liberals, those on Social Security, those on the dole of some sort and (progesterone charged) stay-at-home Moms who are suckers for a "hurt kid" story.

No offense meant to common-sense FReeper moms.

19 posted on 05/19/2003 6:56:21 AM PDT by TaxRelief (Show GLAAD they are nothing. Donate to the Miami BoyScouts-305-364-0020)
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To: Beck_isright
The bottom line is that the public has allowed these two self-regulating professions to spiral out of control. Tort-reform cures nothing. The real reform needs to come on a state by state level, with citizen run regulatory boards having an equal say with the professional groups.

"Self-regulating professions"?

Only a State can issue a medical license. Only a State has the legal authority to lay down the requirements for issuing a medical license. Only a State has the legal authority to revoke a medical license.

I am not clear why you describe doctors as a "self-regulating profession".

To claim that a State regulatory board somehow has less than an "equal say" with a doctor's "professional group" is as false as claiming that the American Automobile Association has equal say with the Department of Drivers Licensing in your State.

As Chairman of my hospital's Credentials Committee, the only authority my committee has is to decide whether or not a physician will be allowed to practice medicine in our hospital.

Beyond that, the "bad" physician can set up practice at his own clinic or Surgi-Center and perform brain surgery with plastic forks taken out of the trash bin of a McDonald's restaurant if he so pleases and the only legal thing I can do to stop him is to bring the matter to the attention of the legal authorities of the State of Washington. If the State of Washington decides that brain surgery with ketchup-coated plastic knives is O.K. by them, there is absolutely nothing that I or any other M.D. in the State of Washington can do to revoke that individual's medical license.

If you disagree, could you please cite a single ruling by a State Medical Licensing Board in any State in the Union that has ever been overturned by a medical professional organization.

Can you cite a single medical license that has ever been issued by a medical "professional group"?

31 posted on 05/19/2003 8:01:21 AM PDT by Polybius
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