Study: Excessive Tort Litigation Costs US $864 billion annually

[ElFenix]

Originally posted by: DonVito

In fact, in order to even bring a medical malpractice case (the primary form of "frivolous lawsuit" that gets Republican knickers in a twist), the plaintiff is required to produce a peer of the negligent medical provider (and in some jurisdictions, two) to say under oath that the defendant failed to meet the standard of care. Based on that alone I don't think it's reasonable to categorically state that any particular malpractice lawsuit is frivolous.

ummm... no. in order to file suit you need merely prepare your petition and pay your filing fee.

and if you can't find an expert to testify to something you're not doing your job.

Originally posted by: DonVito

In the meantime, please tell me more, or provide some evidence, about the "countless doctors" who were put out of business by the CP cases - it seems to me that would have to be a credentialing issue, and doctors aren't decredentialed based on frivolous lawsuits - it requires findings by their facilities and licensing boards that they failed in standard of care. I am not saying this didn't happen, but I certainly have never heard of it.

since capping non-economic damages, texas has had an explosion of applications for doctor's licenses. the growth rate is so large that the agency tasked with evaluating the applications is far behind.

 

[Don Vito Corleone]

Originally posted by: ElFenix

ummm... no. in order to file suit you need merely prepare your petition and pay your filing fee.

and if you can't find an expert to testify to something you're not doing your job.

In Minnesota (where I practice), if the Plaintiff does not produce an expert affidavit regarding negligence by the provider in question, the remedy is "mandatory dismissal with prejudice of each cause of action as to which expert testimony is necessary to establish a prima facie case."

 

[Amused]

Originally posted by: DonVito

Originally posted by: Amused

And you want a whole slew of frivolous medical malpractice cases? Cerebral Palsy. It's how John Edwards made his millions. It put countless doctors out of business, and it was all bullsh!t.

When did I say I wanted a whole slew of frivolous malpractice cases? As for the CP cases, they were brought at a time that medical science supported the view that malpractice in birthing could cause CP. That no longer appears to be the case. That doesn't mean the suits were frivolous at the time - they were based on what appeared to be good science. Moreover, Edwards had many many successful cases that had nothing to do with CP or even medical malpractice, including what I believe was his most lucrative case (not that I am particularly a fan of his).

In the meantime, please tell me more, or provide some evidence, about the "countless doctors" who were put out of business by the CP cases - it seems to me that would have to be a credentialing issue, and doctors aren't decredentialed based on frivolous lawsuits - it requires findings by their facilities and licensing boards that they failed in standard of care. I am not saying this didn't happen, but I certainly have never heard of it.

http://washingtontimes.com/national/20040816-011234-1949r.htm

Did Edwards return all the millions he made from those cases when it was proved the doctors were not at fault? No. He ran for vice president, and now president. Hell, the bottom feeder didn't even offer an apology. He tried to claim ALL of HIS cases were legitimate.

He's a crook. Period. He and his kind are half the problem in why health care is so expensive.