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Name:   water_watcher - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 2:10:10 PM

Here is an interesting article, with plenty of sources so justaguy does not have to do any checking.

http://pajamasmedia.com/blog/tort-reform-aids-health-lowers-cost-why-isnt-it-in-obamacare/?print=1

I do not doubt the heavy contributions by the legal profession to Obama (NY & LA I am sure), but I can assure you that in Atlanta there was very little backing of Obama by law firms.

URL: Lack of Tort Reform in Healthcare

Name:   Talullahhound - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 4:37:21 PM

Obama has said publicly that there would be no tort reform. I support tort reform, and I don't necessarily get why it's been taken off the table (at least in this go around).



Name:   GoneFishin - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 4:37:51 PM

I agree we need Tort Reform as long as it is not my family that was injured. Sadly, that is the standard way of thinking. I wonder how many Consrvatives ask for lower settlements since they believe so strongly in Tort Reform. Would you refuse a high award?

I do support Tort Reform.



Name:   Talullahhound - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 5:05:05 PM

I wouldn't sue unless I had clear, documented evidence of malpractice.

Part of the problem is that too many people believe that everytime there is a bad outcome from a medical procedure that the Dr. did something wrong. Another part of the problem is that a lot of people sue hoping for a settlement from the insurance company, and when it is lower than what they'd hoped for, they want to continue the litigation in hopes of a bigger settlement.
No doubt that there are medical mistakes made, no doubt that there are bad Drs. that should not be practicing medicine.
My previous OB/GYN told me that he was paying out over $100K a year in medical malpractice insurance premiums a year just in delivering babies.



Name:   JustAGuy - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 5:09:47 PM

Nice post WW ... very interesting article, and as you said very well-sourced.

I am definitely for tort reform, and I wish it was part of the current package. But there does seem to be reason to hope that tort reform can still happen.

From a June 2009 NYT article: "The American Medical Association has long battled Democrats who oppose protecting doctors from malpractice lawsuits. But during a private meeting at the White House last month, association officials said, they found one Democrat willing to entertain the idea: President Obama."


URL: NYT Article

Name:   water_watcher - Email Member
Subject:   agree (nfm)
Date:   8/15/2009 5:51:40 PM





Name:   water_watcher - Email Member
Subject:   agree with that as well (nfm)
Date:   8/15/2009 5:53:12 PM





Name:   water_watcher - Email Member
Subject:   answer
Date:   8/15/2009 5:57:50 PM

I think the article does a good job of pointing out why. I know the dems used to say the insurance companies were in Bush's back pocket, but the contributions do not come close to what Obama received from plantiff attorneys and law firms. I think that IS your answer.




Name:   JustAGuy - Email Member
Subject:   Why no tort reform
Date:   8/15/2009 10:41:20 PM

I may be wrong, but I think what Obama has said is that he is against caps on malpractice suits. I believe he stated this while addressing the AMA and it's doctors. For instance, if a child is permanently disabled due to malpractice, and that child faces millions of dollars of health care expenses for the rest of their life, Obama does not want to see a cap on what that family could get in a settlement.

I think what Obama is for, is that if the health care providers did everything that is widely accepted as the correct way to handle a certain medical situation, then those health care providers should have some protection from liability. I'm not familiar with John Edwards cerebral palsy birth cases, but if it is as it was presented in an earlier post - if the doctors delivering babies follow all of the accepted procedures, then they would be protected from liability.

If someone challenges my post, I will try to go back and re-research my information. (Well, someone besides WW) :)






Name:   architect - Email Member
Subject:   Why no tort reform
Date:   8/16/2009 9:21:03 PM

As GF has pointed out a lot of people support tort reform until its them or a family member that is injured.

I support reasonable tort reform, but it is interesting that so many in the medical professions seem to only support reform in their field. As an architect I support across the board reform to include all professionals: doctors, accountants, architects, engineers and even attorneys.

Some people including many conservatives believe that since the large majority of suits for damages are determined in state courts that the states should take the lead. Some medical tort reform has been instituted in Georgia and I'm insensed that it doesn't include other professions and trades. I'm not a resident of Alabama but understand that Alabama has or did have some of the most outrageous damage rewards in the country. Why don't you Lake Martin folks start a crusade there in Alabama?








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