So let's talk tort reform. I must say that this concept(Tort reform now. Throw lawyers in jail later.) kind of intrigues me.

Ah, knowing what I observe from that guy, he's probably a surgeon with slippery hands and missing instruments.

(Can there be a retroactivity clause in the immigration reform bill?)

jetero wrote:

Ah, knowing what I observe from that guy, he's probably a surgeon with slippery hands and missing instruments.

(Can there be a retroactivity clause in the immigration reform bill?)

Likely a 007. I wonder if he's even still licensed to practice.

I am intrigued whatever you mean, no context, not even which country, what the problem is and what the solution is. I guess too many barristers are in jail right now?

texdravid wrote:

bagoldex wrote:

texdravid wrote:

"intellectual diarrhea"

Hey doc, when are we going to talk about tort reform?

Lol. Anytime, man.
Although I must say that the issue has been settled probably a decade ago soon after I made that my signature. Texas passed tort reform and medical malpractice attorneys have had to look elsewhere to committ their usual larceny.

Cheers.

So why don't you start by explaining your experiences that led to your pointed opinion on the topic.

America is about buying things that are bad for you and then suing the people who made those things. So tort reform is fundamentally un-american. Throw it out. Next!

A former poster here would go on and on about tort reform and how that was the biggest drain on health care. He would say that if we just go with tort reform, the American health care system would be great. I completely disagree. Big surprise, right?

All tort reform does is lower malpractice. That's it. It does not lower the cost drug companies charge. It does not lower office visit costs. It does not lower ER visits. It does not lower premiums we pay to insurance companies to be covered.

And, if someone is misdiagnosed or ends up with scraps inside them from surgery, oh well. It will be on you to pay to have that stuff removed or correct whatever happened. That is pretty much all I see tort reform doing.

Up front I presume this is about the USA. I do think there are some areas of reform as to tort cases that should be considered or expanding already existing law and court rules. I was a litigation paralegal for private law firms with mainly corporate clients for over 27 years and for the last 10 years in a public agency that sees a lot of lawsuits and claims against it, mainly personal injury and workplace discrimination. I have long seen the massive bills and costs to defend the agency I work at and the clients in my private law firm work, that gets passed down to taxpayers, fee payers and the public.

Mandate structured and tiered caps on the state and federal levels as to 'contingency fees' to Plaintiff's lawyers if the win for their client. Some states like New Jersey do this with car accident lawsuits to cut costs to the public as to insurance. Maybe for the 1st $ 10,000 a max of 33%, but if get a $1 million, the fee should be capped to like 5%.

Disbarment and other discipline upon attorneys for filing phony and frivolous lawsuits, where falsify file claims for their client, assist in a false claim or incorrectly sue a party seeking a 'deep pocket'.

Mandate early in a claim or lawsuit some sort of court supervised arbitration or mediation. It should not deny the right to file a publicly filed lawsuit as now happens with many consumer products (like your mobile phone service provider). This is done already in many courts here, but needs to be expanded.

Only court appointed experts, no more 'dueling experts' getting massive fees to support the side they are being paid by. This would reduce the costs of lawsuits and clams for both sides.

Require referrals for criminal fraud in claims and lawsuits.

Cap amounts for 'pain and suffering'

Limit Punitive damages to a fixed cap or in proportion to the base damages award.

Have insurers and others who have to pay anyway to make sure they offer enough up front to discourage lawsuits. We have seen with plane crashes of payments offered to the victims or families of victims for their loss shortly after they occur and the airline was a major party to the loss. Many who make claims or file lawsuits for legit losses or injury if get fair amounts for settlement obtained earlier in the process will take it and not hold out for a lottery payout.

Fix the problems that cause the injury or loss. Fire the discriminating supervisor and put in strict rules and training to discourage such behaviors. If someone falls and breaks a leg, figure out if something at the location of the injury is marked wrong or there is a problem that needs to be fixed. Check if a contract need binding arbitration or mediation clauses.

seb146 wrote:

All tort reform does is lower malpractice. .

I am sure you have plenty of empirical data to support that claim, since malpractice musst be rampant in all those countries that don´t have tort laws like the Anglo-Saxon tradition.

If malpractice is the goal, remove out of court settlements. If a doctor severely injures or kills a person, they belong in prison, not just their insurance premiums raised.That removes bad medical professionals rather quickly and doesn´t have to be paid by all the other patients.

best regards
Thomas