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In the states that have implemented tort reform - its been shown to do zero for lowering costs
Obviously you didn't read my post. It doesn't do zero... it does little. Which I stated. My argument is that it allows smart people to want to go into the medical field. Why should a talented, smart person go into the medical field when they have to risk their livelihood every second of every day to save people who probably can't be saved? There is strong correlation between Tort Reform and the Doctor shortage.
Duke Of Dystopia said:What you don't seem to understand, is that it is not that easy to sue. If you don't win, you are liable for all costs. On top of that, harm is pretty cut and dried.
Unfortunately, I do understand how this works. And no, you are not always liable for costs. A doctor who is sued, might win, but two things happen. Firstly, they cannot work while they are in court. This means they don't get paid for work they could otherwise be doing. Also, even if they win, they pay for their defense. And even if they do win, which most the time they do (because most suits are frivolous) they still have their name attached to a lawsuit, which hurts their future job prospects and insurance costs.
Duke Of Dystopia said:Tell me, what is the price of the following really worth?:
A persons life
A family member
Lifetime earning potential when not artificially handicapped.
Cost to you of a lifetime of taking care of a newborn infant harmed by drugs?
Does it happen on the 1st time a crapy dr. screws up? or after the 15th?
Once a limit is set, can the crapy dr. just buy his way out of the repercussions (cause the cost to him will be to low for him to care about)?
This list is endless. Seriously, why do you feel qualified to put limits on other peoples right to seek proper settlement? Remember now good folks, since you are putting the case before a panel of your peers at trial, limiting their judgment is an arbitrary limit on "the market of worth". Which, as our Teabagger friends with torches and pitchforks on high would tell you, the "Gubment" should stay out of.
If doctors had the ability to choose their patients, then I could maybe agree with you. With EMTALA the government makes seeing patients a requirement. What this means is that a doctor must see a patient that is probably going to die anyways. Maybe they will save their lives, maybe they won't. I agree with you, if you agree that doctors should be able to see who they give care to. If you can't agree to that, then doctors should have some liability protection that is equal to the risk they take by working on patients that are probably going to die.
A person's life is invaluable. I don't think anyone can argue with that. What I have a problem with is someone who thinks that because a doctor didn't save someones life, or *gasp* made a mistake at some point, that they should be able to sue for whatever they see fit. You go to a doctor you should not be expecting perfection. Unfortunately we as humans are not capable of that. If you want to take the risk, it is your choice. Do you want to risk it with this doctor, who may or may not save you? That risk should be on the patient, not the doctor. Duke, unfortunately, you obviously have no experience from the medical side, and can only see this as a political maneuver, but for many doctors, it affects their ability to practice medicine better.
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