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What authority does Congress have to enact Tort Reform outside the Federal Courts?

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

What authority does Congress have to enact Tort Reform outside the Federal Courts?

Postby fyfe » Tue Oct 11, 2011 9:58 pm

Consider a hypothetical medical malpractice case originating in Kansas. Assuming no federal laws are broken, how would the US Congress conceivably have the authority to set limits for cases originated and tried in state courts under state law?

BQ: Why should there be statutory limits to torts? Consider Dr. Smith, aged 40, who makes $250,000 annually. His doctor botches and operation, damaging a nerve that will make it impossible for Dr. Smith to perform surgery ever again. He can't earn a living in what he has trained to do. He's basically had 25 years of good work and income taken away from him. Why not assess damages appropriately?
fyfe
 
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Joined: Fri Apr 01, 2011 6:47 pm

What authority does Congress have to enact Tort Reform outside the Federal Courts?

Postby adalwine » Tue Oct 11, 2011 10:02 pm

I'm not sure it would... the feds may only be able to set tort reform on federal issues...

of course, if they set the trend then many states would probably follow...

or they could just ignore the Constitution, as they often do, and just do it anyway.... haha...
adalwine
 
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Joined: Thu Mar 31, 2011 4:31 pm


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