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Guest Cerebus

Kerry & Edwards Are Running Close in Wisconsin

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So, then, Bush doesn't want tort reform?

 

G'night, folks!

It's not a major part of his campaign. It is one for Edwards.

 

ANY reform that doesn't include "loser pays" doesn't fix a single thing.

-=Mike

Actually, it's not. It's just one of his positions, just like Bush.

 

Seriously, I AM leaving this time.

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I think by limiting trial lawyers to 250,000 on malpractice lawsuits (which is a lot of money for most normal people) that will result in immediate benefits to patients in the form of more choices and lower premiums is a better situation than one where premiums rise and choices decline as a result of the current free for all system.

Again, your theory works on the idea that there's no such HMO price gouging going on, but there is. Did health insurance premiums remain the same since day one until the big lawsuit boom?

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I could practically guarentee that they would go down as part of a compromise if such a malpractice limit ever passes. It's a nasty situation, but Edwards is the one running and has directly benefited from the system and a vote for him, I feel is a vote for the trial lawyers. I'm not saying things would be all that different with Bush still in power (but as previously cited, not from any lack of effort on his part, there is no denying the trial lawyer special interest presence is enormous in Congress), but at least it we would not have a posterchild for the problem in power.

Again, I have refrained from any personal attacks on Edward's character. I'm sure he's a decent guy with some good ideas, but his past proceeds him and I am simply stating that if he were to become the nominee he would lose on a account of this issue.

But this is really all moot because Kerry basically has it wrapped up...

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Guest MikeSC
Does that 250,000 consider medical bills and future lost wages?

One, is that pic in your sig going to get re-sized anytime soon? Causing the screen to sidescroll because your pic is too big is mildly irritating.

 

Two, jury awards are ridiculously high. The medical bills and future wages are a small part. The juries also give punitive damages to the person filing the suit to teach the company a lesson. That is where the money gets out of hand.

-=Mike

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Does that 250,000 consider medical bills and future lost wages?

Unlikely. I don't know too many specifics on the Bush plan, but I know that here in Texas, we just had a similar law go into effect late last year. In our law, I believe the $250,000 is a cap on punitive awards; the injuried party still gets fully reimbursed for any medical expenses or lost wages they actually suffered.

 

I'm not sure about future lost wages, though, and I'm not sure exactly how you could calculate that fairly.

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