Tort Reform in Tennessee

Discussion in 'US Law for Jabrones' started by Sunshine, Aug 27, 2011.

  1. Sunshine
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    Sunshine Trust the pie. Supporting Member

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    Well they did it. I think this is a sad day for the American taxpayer. That injured patient, messed up baby, etc. will now become the burden of our tax system instead of the burded of the person who messed him/her up. Making a clinician less accountable does not make him/her a better clinician.

    PointOfLaw Forum: Tennessee Legislature sends tort reform package to governor
     
  2. Mr. H.
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    Mr. H. Diamond Member

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    Do you suppose this will result in reduced liability premiums and therefor reduced medical costs?
     
  3. Sunshine
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    Sunshine Trust the pie. Supporting Member

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    So far tort reform in the states that have it has not done that. But what if it did. WE, the taxpayers, would still be paying for all the injured through SSD and Medicaren instead of holding the medical provider responsible. I am amazed at the stupidity of the American people who buy into this line of bullshit. This is just another cha ching for the doctors.
     
    Last edited: Aug 27, 2011
  4. Truthseeker420
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    Truthseeker420 Gold Member

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    Sad day for justice in Tennessee.
     
  5. Quantum Windbag
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    Quantum Windbag Gold Member

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    I think you misunderstand what the award can be.


    • Up to $1,000,000 in pain and suffering.
    • Another $500,000 in punitive damages.
    • No limit on economic damages, such as lost wages, medical expenses.
    This might not make anyone rich beyond their dreams, but it should keep them off of public roles if the defendant has enough money to pay.
     
  6. flacaltenn
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    flacaltenn USMB Mod Staff Member Gold Supporting Member

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    It does NOT do that. There is NO CAP on economic damages. ALL of the future care of that person is included in that side of the settlement. It's only the "punitive" Non-Economic side of the judgement that is capped. Maybe read your own OP again?

    PLEASE realize the diff -- before you go off with all the partisian crappola that generally arrives in the following posts.

    Tying the "punishment" amount to 2X real economic damages ought to be sufficient to prevent juries from just emptying the checkbook of a doctor (or lawyer) who makes an honest mistake.
     
    Last edited: Aug 28, 2011
  7. Sunshine
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    Sunshine Trust the pie. Supporting Member

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    OK, so tell me why all the med mal lawyers I know in TN are bailing and going into other fields.

    Honest mistake! My ass! Med mal is NOT an 'honest mistake.' There are 4 elements to negligence; duty, breach, causation, and damages. It takes a lot to get over that hurdle and once one does it goes way beyond anything like and 'honest mistake.'

    I continue to be amazed that people of modest means get so invested in keeping doctors rich that they will fuck themselves. It just blows my mind.

    Making a provider less accountable does not make him a better clinician.
     
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  8. flacaltenn
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    flacaltenn USMB Mod Staff Member Gold Supporting Member

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    Awww.. The med mal lawyers are fleeing.. Ain't that an f'in shame..

    They're fleeing because the ECONOMIC DAMAGES that the victim recovers doesn't buy the lawyer a brand new sporty Benz.. It's NOTHING like you posted in the OP.

    And why am I "getting so invested"? Because I hate to see minorities of ANY KIND made into convienient targets of muggings for ANY REASON.. The left seems to think that they can slice and dice by demographics and assert any power over they wish over small pockets of convienient cash.. We won't let you get away with that..

    BTW: I've PERSONALLY seen "honest mistakes" severely impact my family. And all I ever wanted was compensation for the damages and an apology...
     
    Last edited: Aug 29, 2011
  9. martybegan
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    martybegan Gold Member

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    How is there economic liabilty to the state when the economic liabilty is not limted? If you can prove that:

    A) the party was negligent
    B) The actual costs of care for the extended period of the person's life:

    Then you can still sue for that amount. If patient X needs a ventiator for the next 30 years, that is a quantifiable cost.

    This still allows up to 750k for such nebulous things as pain and suffering.

    What we needs to be controlled is punitive damages, which are basically there to "punish" a company. If punishment is merited it should be criminally handled, not civilly.

    All punitive damages do is increase the fee the lawyers can get out of a case.
     
  10. Missourian
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    Missourian Gold Member

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    .
     
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