King Of The Us Question--if You Could Do Anything, How Would You Implement Tort Reform?

[dusan]

If you had absolute power, how would you implement Tort Reform especially as it applies to health care(but feel cost-free to address other places)?

[Archie]

I would not. I'd fine each and every massive corporation and insurance business who utilizes "tort reform" as a euphemism for paying off politicians for immunity from lawsuits by the men and women they injure or kill.

[Sein]

"First, we have to kill all the lawyers." With ABSOLUTE power, I?d put tort lawyers, their predatory clients, and insurance execs on Rocketships to the Sun(tm). It would create jobs and revitalize NASA along the way. Alternatively, I might find a way to make biofuel out of them. I can see the bumper stickers now, "My car runs on lawyers!". I?d buy a Hummer H1 that used like...40 lawyers to the mile - and I?d drive it cross country.   OK, more seriously: I?d set reasonable caps on damages sought for ?honest mistakes?. They?d be just enough to compensate for the injury, and no more. This would discourage both the lawyers and their opportunistic clients. * I?d make sure it was illegal for a lawyer to get a percentage of the settlement as a fee. There would be a set amount they could charge to take a case. It could be paid up front, or out of the settlement, but could not vary from the established amount.  Medical malpractice suits could only constitute a minority percentage of cases an attorney routinely pursued.  If it were proven that the complaint were frivolous or unjustified, there?d be fines to both the attorney and the client.   Actual medical negligence would become criminal, and be prosecuted accordingly. Victims don?t get money, and doctors can?t buy insurance against it - they go to jail. Likely this would be a "3-strikes" type of arrangement for lesser infractions.  Malpractice insurance would be allowed to cost only a set(much lower) percentage of a doctor?s average income. It would essentially be part of ?the cost of doing business.? It would be allowed to increase only with inflation, and in step with any lost suit brought against that doctor(sort of like car insurance and your accident record). Again, the allowed percentage of increase would be kept reasonable. That ought to do it.   The mechanics might get a little arcane, but it?s doable - and better than the rampant, uncontrolled victimization of doctors that we have now. Sources: thought on the subject CarpeNoctem 48 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[rheged]

IchtheosaurusRex said: 2 I'd find some more productive line of work for the surplus of attorneys in the U.S. Other than that, I'd leave it alone, other than to investigate how much of the premiums doctors and hospitals pay for malpractice insurance are actually paid out in claims. Maybe impose an 80 or 85 percent mandate similar to what's been suggested for health premiums in the health care bills. 48 months ago

[birkie]

With ABSOLUTE power, I?d put tort lawyers, their predatory clients, and insurance execs on Rocketships to the Sun(tm). It would create jobs and revitalize NASA along the way. Alternatively, I might find a way to make biofuel out of them. I can see the bumper stickers now, "My car runs on lawyers!". I?d buy a Hummer H1 that used like...40 lawyers to the mile - and I?d drive it cross country.   OK, more seriously: I?d set reasonable caps on damages sought for ?honest mistakes?. They?d be just enough to compensate for the injury, and no more. This would discourage both the lawyers and their opportunistic clients. * I?d make sure it was illegal for a lawyer to get a percentage of the settlement as a fee. There would be a set amount they could charge to take a case. It could be paid up front, or out of the settlement, but could not vary from the established amount.  Medical malpractice suits could only constitute a minority percentage of cases an attorney routinely pursued.  If it were proven that the complaint were frivolous or unjustified, there?d be fines to both the attorney and the client.   Actual medical negligence would become criminal, and be prosecuted accordingly. Victims don?t get money, and doctors can?t buy insurance against it - they go to jail. Likely this would be a "3-strikes" type of arrangement for lesser infractions.  Malpractice insurance would be allowed to cost only a set(much lower) percentage of a doctor?s average income. It would essentially be part of ?the cost of doing business.? It would be allowed to increase only with inflation, and in step with any lost suit brought against that doctor(sort of like car insurance and your accident record). Again, the allowed percentage of increase would be kept reasonable. That ought to do it.   The mechanics might get a little arcane, but it?s doable - and better than the rampant, uncontrolled victimization of doctors that we have now.