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Pandora

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Oct 19, 2004
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So I heard an ad on the radio today requesting people contact their representatives and tell them they support civil justice reform. I'm not quite sure how I feel about putting these kinds of limits on our legal system, but I can also see the benifits (like lower medical costs). So what do the rest of you think??

Excerpt:
the Georgia Chamber, together with the Medical Association of Georgia and the Georgia Hospital Association, has identified areas in current Georgia law that should be amended to level the field between civil plaintiffs and defendants.

Cap on non-economic damages. While a plaintiff who wins his/her case should most certainly be compensated for all present and future economic losses, a ceiling on pain and suffering type losses is in order. With the current unlimited cap, huge awards based on emotional jury decisions can force companies into bankruptcy. Georgia's loss climate has already forced over 30 medical malpractice insurance companies out of the state. Competition is now almost non-existent.

Reference
 
Pandora said:
Exactly! Yet there are definatly people that abuse the system. I'm sooo undecided on this. :(
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If you're a liberal, you'd say "Yes some take advantage, but we should keep the current system for those that truly need it."

If you're a conservative, you'd say "Because some people take advantage of it, that is proof that the system doesn't work so it should be scrapped."

Both sides have a point, but neither are interested in a middle ground.
 
I think malpractice should be eliminated altogether or at least limited to GROSS negligence (ie. doctor was drunk). These doctors are doing a service for people that the people are unable to do themselves. If the doctor make a mistake, we'll that's the price you pay. No doctor ever does it on purpose, why should they have to pay for it?

To combat bad doctors, I'd place an emphasis on some sort of patient satisfaction survey where people could look up doctors like they do old classmates.

/rant
 
SpangeMonkee said:
what really needs to be done is to implement a "loser pays" law. it costs millions of dollars a year just to defend against bullshit lawsuits. people would think twice about suing someone if they had to pay court/lawyer cost of the defendant.
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I like the sound of looser pays, but I don't know how practical that would be. It seem like there would still need to be some kind of cap on that as well, like looser pays a portion of the defendants legal cost?
 
Pandora said:
I like the sound of looser pays, but I don't know how practical that would be. It seem like there would still need to be some kind of cap on that as well, like looser pays a portion of the defendants legal cost?
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the judge in the matter decides how much the plaintif should play. i believe it is very sucessful.

think of it this way. I decided that I want to get revenge at my boss (let's say his name is fly) for firing me for stickin' my dick in the mashed potatos at the supermarket. I call up a lawyer and start a lawsuit claiming that fly had told me that I would have lick his dong or I would get fired. wether it is true or not, it would cost fly thousands of dollars and would probably ruin him for life. i would think twice about it if I was gonna sue him. same thing would be true if say I blamed a nurse (April) for giving me an improper colon exam.
 
I.C.Water said:
uh its the doctors getting these laws made fuck them i want my doctor to live in fear of fucking up
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fuck that. hes' doing you a favor by fixing you cause you were too lazy to go to med school and do it yourself.
 
Wow, me and holly's boy friend where just talking about this the other day. He used the analogy of a porn star who had testi cancer, if the doctor takes the wrong nut he still has to to take the right one. Therefor ruining the pornstars career, yet the porn star can only get 250k tops, which part of he has to spend on legal fees.

SUCKS.

But then again, far too many people abuse the system, ruin good doctors reputations and recieve loads of money they dont deserve.

Just like the people who said McDonalds made them fat.. *cough* april *sneeze
 
fly said:
I think malpractice should be eliminated altogether or at least limited to GROSS negligence (ie. doctor was drunk). These doctors are doing a service for people that the people are unable to do themselves. If the doctor make a mistake, we'll that's the price you pay. No doctor ever does it on purpose, why should they have to pay for it?

To combat bad doctors, I'd place an emphasis on some sort of patient satisfaction survey where people could look up doctors like they do old classmates.

/rant
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Didnt this one Dr. in utah put his initials and the initials of his college in some chicks uterus.. by accident of course. allnighte
 
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There should be some system for lawsuits similar to one used for prosecutions. You have to go before a panel similar to a grand jury and briefly show why you are suing and present your case in summary to them and if they decide it's not bullshit and you actually have real proof and a real case then you can actually sue someone. It would cut down on people going through long and expensive trials to decide that.



On the other side of the spectrum. The Health industry provides some of the worse service ever. Imagine if you went to dinner and had to wait 2 to 3 hours to get your food brought out to you and once it came it didn't taste that good and the waiter was rude. You'd never go there again and tell everyone you know not to go there but that's what hospitals and doctors offices do and they get away with it.
 
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b_sinning said:
There should be some system for lawsuits of similar to one used for prosecutions. You have to go before a panel similar to a grand jury and briefly show why you are suing and present your case in summary to them and if they decide it's not bullshit and you actually have real proof and a real case then you can actually sue someone. It would cut down on people going through long and expensive trials to decide that.
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But that would make far too much sense!
 
fly said:
I think malpractice should be eliminated altogether or at least limited to GROSS negligence (ie. doctor was drunk). These doctors are doing a service for people that the people are unable to do themselves. If the doctor make a mistake, we'll that's the price you pay. No doctor ever does it on purpose, why should they have to pay for it?

To combat bad doctors, I'd place an emphasis on some sort of patient satisfaction survey where people could look up doctors like they do old classmates.

/rant
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Eliminating malpractice would absolve doctor's of their responsibilty to the patient. That is a bad idea. Doctors are paid well to do a service that the patient can't perform and they are paid well to do it properly.

I work for a machine shop and we do contract work for other companies. We charge them based on the complexity of the parts. The more complex the part, the more we charge. If we screw something up, we are responsible for the labor, material and repair if possible. The customer doesn't expect to pay that nor should they. The same is true for pretty much any service people pay for. If you want something done right, you pay for it and expect quality.

Saying that doctors are doing a service that another can't and hence should be free from blame is like me saying that I can make an 8 cylinder engine, you can't, it blows up while you are driving, your six year old daughter dies as a result and I shouldn't be held responsible.

Malpractice compensation should be relative to the liability of the doctor. That's what a lawsuit is for. Someone determines accountability. While it may be abused, it is necessary.
 
thrawn said:
Eliminating malpractice would absolve doctor's of their responsibilty to the patient. That is a bad idea. Doctors are paid well to do a service that the patient can't perform and they are paid well to do it properly.
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I think you missed the second paragraph. All people care about is money these days. If a doctor has a low satisfaction and/or high death rating, they have to charge less. Assuming the poor care continues, the doctor no longer is able to keep his practice open. All someone would have to do is go to a website and check all this info out. Although not the best idea, I'm certain that lawmakers could come up with a similar one that would do the same thing.

I work for a machine shop and we do contract work for other companies. We charge them based on the complexity of the parts. The more complex the part, the more we charge. If we screw something up, we are responsible for the labor, material and repair if possible. The customer doesn't expect to pay that nor should they. The same is true for pretty much any service people pay for. If you want something done right, you pay for it and expect quality.

Saying that doctors are doing a service that another can't and hence should be free from blame is like me saying that I can make an 8 cylinder engine, you can't, it blows up while you are driving, your six year old daughter dies as a result and I shouldn't be held responsible.
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Now you're thinking! If GROSS (read: intentional) negligence isn't involved, thats the risk of living.
 
El Borracho said:
Wow, me and holly's boy friend where just talking about this the other day. He used the analogy of a porn star who had testi cancer, if the doctor takes the wrong nut he still has to to take the right one. Therefor ruining the pornstars career, yet the porn star can only get 250k tops, which part of he has to spend on legal fees.

SUCKS.

But then again, far too many people abuse the system, ruin good doctors reputations and recieve loads of money they dont deserve.

Just like the people who said McDonalds made them fat.. *cough* april *sneeze
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Well, I know well all laugh and/or cringe at the 'wrong appendage' stories

But I partially blame the patients.

I made DAMN WELL SURE that 'Right' was written in black magic marker on my leg before I got put under :fly:

Granted, that wouldn't work as well for a kidney....
 
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