Subj : Re: Um...no comment? To : Frank Reid From : Finnigann Date : Sun Sep 18 2005 01:00 pm -=> Frank Reid wrote to Angus McLeod <=- FR> Re: Re: Um...no comment? FR> By: Angus McLeod to Frank Reid on Sun Sep 18 2005 00:22:00 > I'll agree that lawsuits can result in ludicrous judgements for trivial > matters. But to legislate a cap is to give free license to those > companies that feel the cap is within their budget. FR> Most of the truly ludicrous awards do get overturned or reduced on FR> appeal, as the hospitals and insurers have far deeper legal pockets FR> than the consumer. But the insurer (and the doctor) can't *count* on FR> that. Thus, they must continue to increase malpractice insurance costs FR> to protect against that occasional ludicrous settlement that does get FR> by. An obstetrician friend of mine said his insurance costs have FR> literally *doubled* just in the past year, to a point where his income FR> doesn't compare favorably even to high-end IT positions! That's after FR> eight years of medical school and 15 years of practice! He's seriously FR> considering giving up the practice for less stressful and more FR> lucrative pursuits. It's a damn shame... FR> The fact is that twelve "Joes" off the street shouldn't be allowed to FR> make decisions on culpability and to award an individual $100M. Real FR> damages can be easily calculated, e.g. how much income was lost, how FR> much will ongoing care be, etc. However, as someone suggested, FR> punitive damages should only be assessed by a body of medical FR> jurisprudence that is trained and focused on only that function. No, FR> we certainly don't want any hack with a sharp blade performing FR> open-heart surgery. But we also must understand that the human body is FR> a delicate machine, and that not every medical procedure is going to be FR> effective (or even correct!) You know that is NOT what I was talking about. You have compitent surgeons performing 1500 hysterectoms a year just because tehy are easy and lucratitive. This sort of abouse should be stopped in the medical profession but some doctors are willing to bend the patient over backwards to justify such operations. Malpracticve doesn't have to result in death to be wrong. There are alot of shady offices set up and these bums are the reason insurance rates go up. Not the claims but the continual practice of covering up after their work. With 'w's capping awards, he is saying it's OK to hack up the citizens as long as you make a profit and you contribute to my party... A whining conservative... something new this year. "We live in a society exquisitely dependent on science and technology, in which hardly anyone knows anything about science and technology." - Carl Sagan .... "It's funny how all the guards disappeared so fast." Garibaldi --- MultiMail/Win32 v0.46 þ Synchronet þ Bits-N-Bytes BBS Onehellofa BBS bnb.dtdns.net .