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Bush says 'junk' lawsuits hurting health industry
Washington Times ^ | 7/26/02 | Joseph Curl

Posted on 07/26/2002 12:21:49 AM PDT by kattracks

Edited on 07/12/2004 3:55:58 PM PDT by Jim Robinson. [history]

President Bush said yesterday that "grossly excessive jury awards" and "lawyers who are fishing for lawsuits" have caused doctors to practice defensive medicine, increasing the cost of medical-malpractice insurance and costing taxpayers billions of dollars each year.

"It is estimated that frivolous lawsuits drive up the cost of government health programs by over $25 billion every year. It's a national problem that requires a national solution," he told a group of medical professionals during a visit to a hospital and university in High Point, N.C.


(Excerpt) Read more at washtimes.com ...


TOPICS: Culture/Society; Front Page News; News/Current Events
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1 posted on 07/26/2002 12:21:49 AM PDT by kattracks
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To: kattracks
Instead of making it specific, how about a law against all frivolous lawsuits? Especially those that show lack of personal responsibility was to blame for the plaintiff's woes.
2 posted on 07/26/2002 12:24:47 AM PDT by goodieD
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To: goodieD
Oh I agree. But the Rats are in shlock to the trial lawyers' lobby.
3 posted on 07/26/2002 12:26:31 AM PDT by goldstategop
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To: kattracks; Freedom'sWorthIt; Mo1; Miss Marple; Howlin
... trial lawyers ... oppose the caps, saying they would inhibit patients' ability to hold doctors accountable ...

And inhibit the lawyers' pocket books from continuing to grow at obscene rates, to the detriment of patients, doctors, busineses, and tax payers.

.


4 posted on 07/26/2002 12:27:28 AM PDT by kayak
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To: kattracks
This is more important than most people believe. I am no friend of the insurance companies, but the trial lawyers are sucking the lifeblood from this nation. They add money, sometimes substantial money, to everything we buy. They might as well be the mafia in New Jersey skimming money off every sale of particular products.
5 posted on 07/26/2002 12:30:24 AM PDT by doug from upland
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To: kayak
Two words: John Edwards.
6 posted on 07/26/2002 12:32:06 AM PDT by Howlin
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To: goldstategop
Well sure..they've got their heads so far up their ....well you know.
7 posted on 07/26/2002 12:33:40 AM PDT by goodieD
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To: doug from upland
I was listening to some guys on CNBC talk about what a shock this country is in for with this new "corporation responsiblity" bill that Congress passed this week.

Any time somebody isn't happy with ANYTHING a company is doing, off to court they can go. Imagine how much THAT is going to add to the cost of practically everything in this country.

I am against that bill, period.

8 posted on 07/26/2002 12:34:02 AM PDT by Howlin
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To: doug from upland
The President's speech today was very strong! Most of the networks chose not to cover it and even FOX cut away in the middle of it to cover the circus in DC with the so-called 20th hi-jacker/terrorist.

To see the full text of the speech, click HERE

A new local all-news channel in Charlotte carried the speech in its entirety and it was well-worth watching.

9 posted on 07/26/2002 12:35:49 AM PDT by kayak
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To: Howlin
Those immoral attorneys (there are not all like that) can sue anyone, for anything, at anytime and suck money from them. People sometimes settle because it would cost more if they had to pay an attorney to fight it out in court. It is extortion and blackmail. Yes, they need a client to do it, however, they don't have to take the case.
10 posted on 07/26/2002 12:44:51 AM PDT by doug from upland
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To: doug from upland
And they do it all "for the good of the country." That's SOME scam, isn't it?

Imagine having a trial attorney in the Oval Office, i.e., John Edwards. God save us all!

11 posted on 07/26/2002 12:53:27 AM PDT by Howlin
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To: kattracks
If they just re-instituted the principle of proving criminal intent, it would make nearly the entire problem go away. It used to be there, what happened to it?
12 posted on 07/26/2002 12:58:46 AM PDT by nightdriver
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To: doug from upland
I am no friend of the insurance companies, but the trial lawyers are sucking the lifeblood from this nation. They add money, sometimes substantial money, to everything we buy. They might as well be the mafia in New Jersey skimming money off every sale of particular products.

Nor am I. I think he let's the HMO industry off way too easy on their share of the blame in this mess. Now if W and congress recinded the HMO act and put them on a level playing field as any other business in this country I would support that. But with the condition that the judical system in both criminal and civil courts be made to adopt layman terms and "We the people" once again represent our own grievances in these courts. Turn them back to what they were intended to be. Places where Joe Average could plead his or make case in a simple and CHEAP manner representing his own interest.

This should go for such items as lawsuits as well as things as simple as writting a will. This would be the best tort reform he could possibly do. Liability Caps? I can see it but on injuries if the cost to cover the patients future needs exceed the CAP then future needs should be the award.

But I promise you that this will never happen. Neither party is about to abandon the HMO money for their campaigns. And the HMO's love lawyers themselves as they pay them rather than the doctors due fees. A doctor will give up trying to collect from an HMO. A lawyer will get HMO money up front. A doctor wait for months and months denial after denial. Could HMO's be a huge factor in doctors losing money and the prevailing problem behind thie lawsuits? Think about it.

A person lets say has some signs of colon cancer. A prudent specialist would order a full scoping. But fisrt he must justify it as medical necessity. The HMO's shill Quack Medical directors says well I think the partial test is sufficent. It is less likely to catch early stage cancer but is cheaper.

Now the doctor is told to do the partial and the test is negative. A couple of months later the patient arrives at the hospital with extreme pain and GI bleeding. A STAT test shows advanced Colon Cancer likely terminal or treatable with extensive radiation and chemo.

So who should be held responsible for this? Well personally I think the HMO should pay through the teeth for it. As these decessions are done without the HMO's medical Quack Director even seeing the patient. The patient seeing his life savings gone and the HMO thanks to both political parties doing is an automatic innocent party not responsible or liable for their actions.

The patient is angry, the patient is broke, the patient needs life saving treatment and to secure some future for spouse and children. By the way the laws are now written who is left to hold responsible? Yea good old Doctor who has his hands tied by both the beloved HMO and the hospital and hospital board recieving kickbacks from them. But like I said. You will never hear this all too common and often real senerio coming from the lips of Bush or any member of congress.

What's worse is the senator who penned the Patients Bill of Rights and pushed it is a doctor himself. A specialist to be exact. His states health care system is in ruins thanks to HMO's which he helped secure federal funding for Hillary Care. He's as well a Republican so is his governor friend of the state who sat on any type of accountability or reform of this mess for the past 8 years.

And don't even get me started on the Mom & Pop drug stores HMO's have put under. It takes my pharmacy 6-8 persons to do the job three did just 9 years ago before HEY MOE took over the state's Medicaid System. Now is that saving anyone a stinking cent in health care? The extra employees are busy doing HMO forms and paper work.

13 posted on 07/26/2002 1:20:36 AM PDT by cva66snipe
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To: kayak
"..junk lawsuits..."

That is a shot across bow for the greedy, anti-American trial lawyers! LOL

Folks, we have GOT to DUMP THE DEMOCRATS OUT OF CONGRESS THIS FALL! The Democrats are destroying the country, in every way.

14 posted on 07/26/2002 2:02:20 AM PDT by WaterDragon
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To: kattracks
I don't understand how it is that a law giving the government the power to prevent me from sueing any entity that harms me for as much as I want before a jury of my peers increases individual freedom and decreases the power of government and corporations, which are the two forces in the world that limit my freedom the most.
15 posted on 07/26/2002 2:54:12 AM PDT by johnnyb93
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To: cva66snipe
I think he let's the HMO industry off way too easy on their share of the blame in this mess

Nicely stated opinions in your post. With an HMO, it is impossible to depend on the word of an MD as to what's best for the patient. It's "one size fits all" medicine, with everyone getting the cheapest medication. At the very least, physicians should have to give patients a list of medicines and procedures that one might consider, including a checklist of what the HMO covers and other options which the patient can choose to pay for. Put the responsibility for paying for more expensive choices on the consumer.

The same thing goes for natural alternatives, which the consumer pays for. The medical community avoids this threat to their monopoly, for the most part.

If a doctor or HMO withholds information about potentially more beneficial therapies, they should be sued. Look at this HRT (homone replacement therapy) mess. An acquaintance told me years ago that the stuff being prescribed most often was poison, and to demand the more expensive alternative or go natural. I assume that the medical community must have known about the concerns, but many doctors have unfortunately put their jobs above patient's well being.

So, why should the lawsuits be limited? The only thing the HMOs care about is profit (and the idea that they are profit making corporations is reprehensible, making money off depriving patients of the best possible treatment.); the lawsuits are going to have to be painful enough to affect the bottom line.

16 posted on 07/26/2002 3:15:40 AM PDT by grania
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To: goodieD
Instead of making it specific, how about a law against all frivolous lawsuits? Especially those that show lack of personal responsibility was to blame for the plaintiff's woes.

I also like Britain's 'loser pays' system---keeps a lot of greedy attorneys from filing nuisance lawsuits against innocent defendants.

17 posted on 07/26/2002 3:19:19 AM PDT by HennepinPrisoner
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To: HennepinPrisoner
Talk about an industry that needs reigning in! Why doesn't congress get involved in something that will slow down rabid lawyers?
18 posted on 07/26/2002 3:21:28 AM PDT by goodieD
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To: goodieD
Instead of making it specific, how about a law against all frivolous lawsuits?"

There are laws against frivolous lawsuits, it is up to the judge to recognize them and throw them out of court. The latest law suit against junk food is just one of those and no self-respecting judge will let it take up his court time.

It is the hungry lawyers, and there are literally thousands of them, who will take anything for the publicity. These men and women who make a mockery of law should be censured or fined within the courts and a ABA warning, if they repeat these stupid suits, they will loose their license to practice law.

The trial lawyers were among the biggest backers of the Clintons just because they were assured there would be no caps; Bush will really have a fight on his hands but maybe the Doctors will come to his aid, it is their medical malpractice costs that is a great part in making all health so expensive. But they have to clean up their house also; throw out the bad doctors.

19 posted on 07/26/2002 4:18:43 AM PDT by yoe
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To: yoe
Although I agree with punitive damages, why should they go to the plaintiff? The plaintiff's real damages would still be covered by a jury award, and the lawyers costs reimbursed. The punitive damages should go to the state or an appropriate non-profit group.
20 posted on 07/26/2002 6:21:30 AM PDT by robertpaulsen
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