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Peter Parker
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Joined: 02 March 2003 Location: New York Status: Offline Points: 998 |
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Posted: 06 August 2009 at 4:34pm |
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oh sure, it's an issue for doctors. They would like their insurance premiums to be lower. But that doesn't translate into a major contributor to the overall cost of healthcare, which it is not. In fact, I am quite confident that the market could bear premiums quite a bit higher. It would be nice if malpractice insurance were cheaper (or would it...?), but they just don't really contribute that much to the total cost.
no, they are not. I guess it depends on what you mean by "frivolous," but by almost any definition his statement is not only false, but really, really false.
Why yes, I do.
also false. The occasional abuse does happen, of course, but presenting this as a widespread cost-running practice is simply false. If this happens regularly to doctors you know, then they need better lawyers.
I don't know this Sokolov fella, but I would suggest to you that most of the national plaintiff's lawyers do mainly class action work, which is mostly irrelevant to malpractice insurance.
what I do see is that the amount spent by insurance companies and providers on legal fees suing each other FAR outstrips the amount they spend on defending malpractice claims. It isn't even close.
told to you by physicians, no doubt. Somehow nobody ever starts their story of woe with "I made a mistake."
that's great. Pretty much exactly half of my family are healthcare providers of some kind, mostly physicians. My prior firm is one of the top healthcare law firms. Some of my closest friends are top executives at health insurance companies. My information is good.
Like I said in the other thread - been there, done that.
wow - impressive claim. And one that is basically impossible to back up. Edited by Peter Parker - 06 August 2009 at 4:36pm |
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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Peter Parker
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Joined: 02 March 2003 Location: New York Status: Offline Points: 998 |
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Posted: 06 August 2009 at 4:42pm |
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I think the real issue here is this term "tort reform."
people get fixated on the occasional big jury award, or hung up on big legal bills. That's fine, but you have to understand that "tort reform" won't change very much. All it would do it cap punitive damages, and the cap would be pretty high. That isn't a change that will drastically change the legal cos of doom business. This cost is built I to our entire legal system, and has nothing to do with medical malpractice. To really change the role of lawyer. And lawsuits in the US we would have to make some pretty drastic changes. And my suspicion is that most people would not like those changes. "Tort reform" is a sop to the AMA, and would not really affect most people at all. |
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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Mack
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Has no impulse! control Joined: 13 January 2004 Location: 2nd Circle Status: Offline Points: 9696 |
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Posted: 06 August 2009 at 4:56pm |
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OS's last post (regarding the letter from Dr. Janda) made me curious so I tried to follow the link to the health care plan and it didn't work. Does anyone have an address that is valid for reading through the plans being considered, as opposed to just links to other people's thoughts on the plan?
Edit: Disregard, I found a link that seems to work. Second Edit:
Second Edit: For those who say that everyone would pay less the "Surcharge on High Income Individuals" which is explained starting on page 197 would indicate differently. It refers to additional taxes ranging from 1% to 5.4% of income based on various income brackets. Edited by Mack - 06 August 2009 at 6:00pm |
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pepprdog
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Posted: 06 August 2009 at 8:02pm |
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So you think reformation of the legal system relating to lawsuits is something most people wouldn't like? HMMMmmmm..... maybe in your crowd...heh, heh..... Personally I would like to see a risk-reward system. You bring suit, you lose, you pay all the costs for both sides. Right now it's lopsided only benefiting the person bringing suit and almost always costing the person defending themselves even when that person is proven to have done nothing wrong. In these cases winning is still losing..........You lose time, money and suffer unnecessary stress..... Maybe I needed to be more specific, "Medical Tort reform" would affect a lot of people in the medical professions. Try this link about government "estimates"; http://downsizinggovernment.org/government-cost-overruns#sampling |
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NRA Certified;Range Safety officer NRA Certified Instructor: Basic Pistol-Home Firearm Safety-Ohio Concealed Carry "Refuse to be a victim" |
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agentwhale007
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Posted: 06 August 2009 at 8:30pm |
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In my business I think we call that "chilling effect." |
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"So when Romney wins in a landslide, what will the liberal media do?"
This Ma**edited**hine Kills **edited**as**edited**ists. |
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Peter Parker
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Posted: 07 August 2009 at 12:06am |
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Chilling indeed. What pepprdog is describing is the law in many countries, including the UK, which is otherwise the most similar to the US legal system. And the results of this one difference are quite striking, and this would be one change that I am quite confident most Americans would object to if they fully understood the implications.
Let's say you got hit by a car while crossing the road. Today, you get a settlement offer from the insurance company before you even get to the ER. Why? Because you could easily sue, which, as peppr pointed out, will cost the insurance company money no matter what happens.
And if you don't like the offer, you can indeed sue - any number of lawyers will happily take your case, at no upfront cost to you.
Either way, it is quite likely that your injuries will be covered, financially speaking, by the driver or his insurance.
Now let's say we have a British cost allocation system. First off, no settlement offer from the insurance company. They basically dare you to sue them. And no plaintiff's lawyers banging on your door either - a corollary of the legal cost reimbursement is that contingent fees almost have to be illegal, so the plaintiffs' lawyers work on an hourly basis. This, of course, makes plaintiff's work less attractive, so fewer plaintiffs' lawyers and less ambulance chasing.
And even if you find a lawyer, he will want a retainer before taking your case, since he is now working by the hour. So to sue the insurance company, you need a $10,000 down payment on legal, plus the $30k+ each month through the trial. Pretty much makes any claim for less than a couple of million not worth the money, and places the judicial system effectively out of the reach of 80% of Americans. (And I note as a theoretical aside that there would very likely be serious constitutional issues with this.)
But let's say you have the cash and you find the lawyer. You try the case. You have a legitimate claim, and it's a close call, but in the end the jury finds for the defendant. Bummer. Oh, and by the way, you now owe the insurance company $500,000 for their legal fees. Any time before tomorrow would be fine.
Chilling indeed.
We often put this type of loser-pays-all language in contracts between big companies - for the express purpose of discouraging litigation. It is very effective even for the biggest of companies. For most individuals it would render the courts completely useless.
So how do the Brits get by with this system? Well, there is one major difference between life in the US and life in the UK: socialized healthcare. In the US, if you can't pay for the injuries resulting from your injuries, you either sue the tortfeasor or just roll up in a ball and die. In the UK, you go to the hospital. Reduced earnings from accident-resulting disabilities? In the US, too bad so sad. In the UK, government disability.
But shifting the cost burden is only one possible changeup. A more exciting (and fundamental) change is to abandon the entire fault-based system. In the US, everything is somebody's fault, and that somebody pays. In some other systems, "fault" is not the central question. This type of change WOULD significantly alleviate the cost of malpractice insurance, but it would also have many other exciting effects...
My point here is that the US legal system is the way it is not by accident but by evolution in response to the rest of US society. You can't just make a big change to the legal system without understanding that there will be consequences beyond the intended.
"Tort reform" is just another example of a knee-jerk response from people who do not understand the justice system or have a dog in the race, like mandatory sentencing, or three-strikes laws, or California Proposition - well, pretty much all of them. Unintended consequences will abound.
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"E Pluribus Unum" does not mean "Every man for himself". Pop Quiz: What do all the Framers of the Constitution have in common? |
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maltese
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Posted: 06 September 2011 at 3:00am |
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NecroSpamBump
Edited by Evil Elvis - 06 September 2011 at 5:12pm |
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High Voltage
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Fire in the disco Joined: 12 March 2003 Location: 127.0.0.1 Status: Offline Points: 14178 |
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Posted: 06 September 2011 at 3:50am |
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wut?
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deadeye007
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Joined: 12 June 2002 Location: Your Face Status: Offline Points: 1194 |
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Posted: 06 September 2011 at 10:42pm |
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Could it spam a recent post atleast?
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Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato
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