I don't really want a maximum amount. But in a lot cases the amounts rewarded are ridiculous. The amounts being rewarded just be within reason. We also need to know that medical personnel and doctors are human and therefore not perfect. The fact that it was not intentional but an innocent mistake or a wrong decision should play a part in the amount rewarded. If the harm was due to something that was intentionally done or not done then I want to nail that doctor to the wall and put him in the poor house. We also need a way of punishing lawyers who bring cases when there was no case. One way to do this is have a special court with a board of judges to decide the cases or to have all malpractice lawsuits to be automatically reviewed by a special court to determine if the case was legitimated and the amount rewarded was reasonable.
How_Would_I_Know
I want a set amount for everything. Not a maximum amount.. a 100% set in stone amount.. nothing more, nothing less.
When you start leaving things up to debate and personal views.. things start getting messy.
Leave no room to wiggle on either side.
Elwood Blues
Most malpractice torts are in state courts. Due to states' rights, no federal law can touch the state tort laws. So tort reform can't really offer much. See http://andrewsullivan.theatlantic.com/the_daily_dish/2009/09/debating-the-cap.html#more
Including legal fees, insurance costs, and payouts, the cost of the suits comes to less than 1.5 percent of health-care spending. See http://www.insurance-reform.org/pr/AIRhealthcosts.pdf and http://makethemaccountable.com/myth/RisingCostOfMedicalMalpracticeInsurance.htm
Over half the states have enacted tort reforms; here's a list: http://uspolitics.about.com/library/bl_tort_reform_state_table.htm but I don't think malpractice insurance is any lower in those states than in the rest of the country.
I'm not saying don't do tort reform; I'm just saying don't expect it to produce any significant savings.
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EZMZ
Well I agree with some of this---like having a board or panel to review malpractice lawsuits to see if they are valid with the ability to kick out any inappropriate lawsuits----if we could be able to quit practicing defensive medicine it would cut cost drastically---I feel if we get great minds to think like this and work on our present health care system we could do a whole lot better than trying to start from scratch in this economy-----I don't see any real progress being made until we elect a better congress and executive branch-----we simply must quit electing lawyers to represent us---that is where the real problem lies---in their self-interests.
Orignal From: What do you think about this idea for tort reform?
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