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Should we outlaw malpractice insurance as a part of tort reform?

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Should we outlaw malpractice insurance as a part of tort reform?

Postby jan46 » Wed Oct 26, 2011 5:06 pm

no because the malpractice insurance is what often pays the medical bills to fix the malpractice created issue. medical tort reform needs to be done to bring costs down by controlling the lawyers and the frivilous type of lawsuits. doctors can be held criminally responsible by the law and can have sanctions put on them by the ama including restricting or taking their licence. the insurance only protects them from civil lawsuits for money damages and protects the patient
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Should we outlaw malpractice insurance as a part of tort reform?

Postby orlondo100 » Wed Oct 26, 2011 5:21 pm

Tort reform has nothing to do with malpractice insurance - it has to do with LIMITING AWARDS for stupidity.

All those stupid lawsuits out there for "he didn't give me a cat scan for my headache that went away with tylenol" type crap -- THAT'S WHAT NEEDS TO BE OUTLAWED.

Why do you think all the lawyers go into malpractice and DUI and injury??? That's where the money's at!!!!
Think about it. You sue some doc for whatever - say the jury awards you 25,000 for "pain and suffering" - the government gets 1/3 right off the top (capital gains), the lawyer gets 1/3 right off the top (his percentage for taking the case) - what do you get? Almost nothing!
That's why the money awards have to be in the millions - because otherwise the govt and the lawyer GET IT ALL!

I agree on this point - Stop the stupid lawsuits, stop the awards, stop the insanity.

The insurance company is in business to make money -- and they DO, or they'd be out of business. If they are willing to insure docs that have multiple lawsuits, THAT'S THEIR BUSINESS - eventually the awards will put them in the red enough that they say sorry, we can't insure so & so.
And as for MJ, who cares? He was just a dumb junkie with money, and there will ALWAYS be medicos who will do WHATEVER for $$. That has nothing to do with tort reform.
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Should we outlaw malpractice insurance as a part of tort reform?

Postby fenwick » Wed Oct 26, 2011 5:32 pm

Not outlaw. The people need representation when someone sews a scalpel into their spleen.
However, it needs much stricter guidelines and a cap that attorneys can make off of the case.

Another example is Worker's Compensation. When they capped how much an attorney could make on a claim, the claims became manageable and many times (there are always exceptions) much more realistic when reaching settlement. Now that the law was passed that took the cap off of how much a lawyer can make on these claims- almost every W/C claim has an attorney attached to it. Its the worse kind of ambulance chasing.

It is similar but a much larger issue with malpractice. It needs to be reigned in and managed so that becoming a doctor is a valued profession again.
Of course we need to get our priorities straight too. Is someone getting up in front of a camera and being in a movie or getting on stage and singing a song, or catching a football really worth more than people who save lives?
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