Maybe I'm the Blind One
Will someone tell me how damage caps help anyone? Maybe I'm missing something. Here's what I know:
The nation's largest med mal insurer has said the impact on rates is minimal. The evidence show rates go up in states with and without caps and that often states with lower rates don't have caps. And before you say California, you need to make sure you understand what happened pre and post Proposition 103.
So how in the world does this do anything but give insurers a break in those cases where people have been injured the worst? How does it limit "frivolous" lawsuits or even reduce the rate of lawsuits? Do people think cases with those kind of damages won't get filed?
And will someone please explain how it is even remotely possible that periodic payments, another part of the Bush med mal reform, represent any kind of justice or benefit to anyone but insurers?
I'll listen. Maybe not agree, but I'll listen. Remove the blindfold I must be wearing.
posted by Curious JD | 2:38 PM
25 Comments:
I agree. It's disheartening to see physicians and the bush administration come together on this issue and totally screw the right of patients.
There's an easy solution if you really believe that caps don't reduce insurance costs.
I wish a person could get some straight statistics on this question. There seem to be two competing groups of data, each which suggest that the position of their proponents is correct.
FWIW, I doubt very much that damage caps accomplish anything other than giving those who have committed an enormous error, or their insurance carriers, a break. And that's reason enough to be opposed to them. But those instances are rare, which is all the more reason that damage caps are a false fix.
On top of it, it occurs to me that those advocating the public surrendering a right, do not suggest that the right be purchased. That is, if the public is to give up the right to damages above a certain amount, then the physicians should also give something up. Perhaps they would treat those below a certain economic level for a reduced or specified rate. After all, it isn't just the physicians whose insurance bills are going up, those who have health insurance are experiencing the same thing. So, cap the damages? Well, cap the charges too.
Here is a puzzle to me--the caps are on in Florida and suddenly firms like Wilkes and McHugh are not nearly so interested in righting the wrongs in Florida nursing homes. Anybody got any info on the "compassion" of this firm in the treatment of their employees?
Perhaps you need to walk a mile in someone else's shoes.
Perhaps we would help liability problems if more lawyers got sued.
It seems to me that if you could argue than any legal case is "winnable" then every time a lawyer loses a case he could be sued for legal malpractice -- he didn't try hard enough, wasn't smart enough. And of course, with lots of pain and suffering.
I've refuted every statistic you've ever listed with others that are just as valid (and in my opinion, I guess, more valid). The link above was dead on when it said:
"The only point I want to make is that the the tort reform story is more complicated than some simple averages might lead one to believe. My regression models are also simplistic and if I had more time I'd do a better job before running off the the New York Times to make an authoritative claim. The standards for analysis in this debate are too low. Every group has their favorite whipping boy and their statistics to back it up. However, just looking at point estimates and saying this estimate is bigger than another to make a conclusion ... is so 1930s. I don't think these reports would even get an average grade as an undergraduate term paper. Shouldn't we expect more?"
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I assume that you are simply being rhetorical when you state that you don't understand why caps make sense.
As you probably already know, large awards follow grevious disability. In the vast majority of cases, the doctor is blameless for the heart-wrenching result. He is presented by the sympathetic victim's lawyer at the sole remedy for the grevious injury.
Without a cap, the rapacious lawyer is able to extract a monumental settlement using the possiblility of unlimited damages for leverage.
The lack of caps raises the settlement value of all cases, and likely recruits cases additional marginal cases looking to cash in on the extortion value of their malady.
We can agree that caps are not the whole answer. The heart of the problem is that blame is attached by an uneducated jury on a case by case basis. Under this system no finding by a jury is too outlandish to be sustained by a court. We have no adult, informed, unbiased voice in the process. Allmost all claims are actually NOT the doctor's personal fault. The lack of "adult supervision" operates in favor of the plaintiff's bar. They exploit the ability to obtain outlandish verdicts based on emotion and sympathy for disturbing injuries regardless of fault to become filthy rich.
Senator Edwards became rock star rich presenting a discredited theory
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