I don't have a link, I just heard a clip from a speech he delivered on the radio. Basically, he said that there were too many baseless lawsuits in America. He was referring particularly to lawsuits against doctors for medical malpractice. Apparently he wants to cap the damages awarded for pain and suffering at $250,000. I'll look for a link, but don't cross your fingers.
Bush thinks there are too many lawsuits in the US
- Thread starter MacBaine
- Start date
The whole medical profession is one big guess...
Capping lawsuits is terrible.. The Constitution says 'trial by peers' and if a jury awards you $10,000,000 because the doctor amputated the wrong foot, took out your kidney by mistake, and shortened your life by 30 years all while putting you in a wheel chair, you deserve every bit of that money.
I voted for Bush, btw. I just don't agree with all the damn medical insurance company lobbying to get a new law passed that makes them more money.
Capping lawsuits is terrible.. The Constitution says 'trial by peers' and if a jury awards you $10,000,000 because the doctor amputated the wrong foot, took out your kidney by mistake, and shortened your life by 30 years all while putting you in a wheel chair, you deserve every bit of that money.
I voted for Bush, btw. I just don't agree with all the damn medical insurance company lobbying to get a new law passed that makes them more money.
Its on every news source in America. He wants reformation of medical mal practice law suits, and he visited the medical malpractice capital of the world in PA, and launched just another one of his contintous speechs to rattle the voter base in preperation for his re-election run in 2004. You have to take his rants with a grain of salt. Even Congress won't support removing tort laws and limiting damage awards. It wouldn't pass muster in the Supreme Court. It's a non stater. Hell, the entire Congress is a bunch of lawyers. Its their future pocket books' Bush is talking about limiting.
This is not exactly right. There would not limit for treatment of the screwup, the limit is for monitary punishment of the doctor that screwd up.
Zebo
Elite Member
- Jul 29, 2001
- 39,398
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OMG I finally agree with BUSH. But his notion of capping lawsuits LOL... Companies already do risk analysis with high punative damages in the fiqure before releasing shotty products all this will do is lower thier responsiblity since they know 200K is all they have to pay. Horrendous idea to benefit big business...
Loser pays is the best way to reduce lawsuit and protet the public at the same time
Loser pays is the best way to reduce lawsuit and protet the public at the same time
Some States already have these limits and they have passed muster in the courts.
I hate lawyers and insurance companies equally.
I hate lawyers and insurance companies equally.
Well if anyone bothered to watch or read what he said today you will have noted that he is advocatng the system that has been in place in CA for 25 years. Debate that, don't just take a swing at Bush because he's the one saying it. Diane Feinstein (sp) came on right after he did and basically agreed with him. Further proof that the apocalypse is upon us. A very similar bill passed the House last year but didn't move through the Senate. This year it may be different.
Hayabusa Rider
Admin Emeritus & Elite Member
- Jan 26, 2000
- 50,879
- 4,268
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Well the sky is falling, because many of us who disagree on so many things have some consensus here. I know of people who are only too glad to sue if they get the chance. It is worse in MA than other places I have been, but I expect others to catch up in their greed. Perhaps not this precise plan, but it is a start for discussion
How much pain and suffering can there be if you loose a loved one because the Doc left a scizzors in your kids liver. I can't imagine doctors get a lot of sleep or anything. Why is it there fault. Nobody would do that on purpose.
Anubis
No Lifer
good. i agree with him 100%. My dad is a Dr and tho hes never been sued for malpractice. he does pay a ton for teh insurace. and many Doctors are forced out of busniess because of teh high insurace costs.
there was a good article in Time on this i beleive last weeks or this weeks
there was a good article in Time on this i beleive last weeks or this weeks
On another note, I just hope they use this to cut down on the number of frivolous lawsuits filed in other sectors of business.
ok - i have been sued 4 TIMES for "medical malpractice"
what happened - IN EVERY SINGLE CASE THE CASE WAS BOGUS
every case was withdrawn or dismissed, never went to trial...
no problem you say?.. well these bogus suits have caused my malpractice insurance to double - i pay $43,000 a year for my malpractice insurance.
meanwhile - anyone can sue me with no downside - they don't have to prove anything - just file a suit, my insurance company has to hire a lawyer and pay them to defend me - costs big money even if the case gets dismissed..you should see the paperwork these guys can generate! and if the plantiff loses the case or drops it..they don't cover any of my costs..
what we really need is loser pays all costs legislation - you bring a bogus case - YOU pay my legal fees... this way the lawyers won't be so quick to file suits that have no merit.....
what happened - IN EVERY SINGLE CASE THE CASE WAS BOGUS
every case was withdrawn or dismissed, never went to trial...
no problem you say?.. well these bogus suits have caused my malpractice insurance to double - i pay $43,000 a year for my malpractice insurance.
meanwhile - anyone can sue me with no downside - they don't have to prove anything - just file a suit, my insurance company has to hire a lawyer and pay them to defend me - costs big money even if the case gets dismissed..you should see the paperwork these guys can generate! and if the plantiff loses the case or drops it..they don't cover any of my costs..
what we really need is loser pays all costs legislation - you bring a bogus case - YOU pay my legal fees... this way the lawyers won't be so quick to file suits that have no merit.....
I believe he is not limiting compensatory damages, but punitive damages. In some states doctors pay more than 50% of their salary just for insurance just because of these lawsuits....tort reform is really needed.....
Good point heartsurgeon. In England if you lose a lawsuit, you pay the other side's legal bills for the defense. Helps cut down on these bogus suits....
Good point heartsurgeon. In England if you lose a lawsuit, you pay the other side's legal bills for the defense. Helps cut down on these bogus suits....
CPA
Elite Member
- Nov 19, 2001
- 30,322
- 4
- 0
Guys, it isn't the doctor that has to pay, it's the malpractice insurance companies, which in turn raise insurance rates, which the doctor then in turn increases his rates to cover, which forces the coverage insurance companies to raise their primiums, which in turn forces companies to raise the amount that employees must contribute to keep their insurance.
The hope is that a cap will cause a similar flow but with a final result of a decrease of contribution from the employee.
The hope is that a cap will cause a similar flow but with a final result of a decrease of contribution from the employee.
I'm all for justice as long as it's too expensive for people who rely on it to afford. When us Republicans talk about personal responsibility, we aren't talking about our own.
Limiting the awards will punish the people with valid claims along with those with bogus ones. The only way to fix the lawsuits is to A) have them pass some sort of validity hearing before they can actually be filed and B) educate the moron jurors with some sort of law class before they are allowed to serve.
Putting a cap on often times frivolous lawsuits and helping doctors is a good thing in my opinion. Sure some doctors make mistakes, but it seems the majority don?t. Helping doctors in the end helps the patients.
It's all fun and games until you realize that the guy across from you is Johnny Cochrane and soon you're gonna be paying his salary whether you're in the right or not
Neither solution fits under the umbrella defined by our constitution. The simplest solution is to either make the loser pay and/or limit punative damages. My god, if you want to sue a doctor (they don't know .10% of what they think they do) for being human and making mistakes then doctors should be able to profile patients and refuse to provide service to those that think they are entitled to money because they sought help from someone else.
hey, move to Sweden, we have what you are asking for... or any european country for that matter...
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