New Debate topic

[Emtmom]

Since we debated the presidential election so well, lets try this one on for size!
I know there are is alot of controversy over this, so let's try and keep it on a nice level of debate, as we did the election debate!

Do you think there should be a monetary limit on medcal lawsuits? If yes why/if no why?

[kep.ctc]

Yes, mainly due to most of the money collected goes to trial lawyers. Who get filthy rich.

[BCFD in Philly]

Yes, mainly due to most of the money collected goes to trial lawyers. Who get filthy rich.

Oh, for example, former VP candidate John Edwards.

"Edwards however admits to being proud of his work on behalf of small clients against large corporations and entities. This work is commendable. What is not commendable is his litigating against OB-GYNs performing good work in small and medium communities. A horde of these lawyers have existed in every community in the United States. Yes, they were ambulance chasers and worse. They may have tried to fool themselves into thinking they were doing good, but what they were doing was taking unjust and unfair cases for babies with Cerebral Palsy. Finally a study in 2003 ended this abhorent practice when it was shown that delays in delivery did not give rise to CP, but events that occurred earlier and a variety of other factors contributed to the problem. Edwards and many other lawyers sued obstetricians for millions of dollars for each case. This alone led to the dramatic rise in malpractice rates for OB-GYNs and to many giving up obstetrics (delivering babies)."

"Edwards no longer appears to be proud of those cases. He has come out in favor of tort reform."

Citation: http://www.drpribut.com/mt/

[eyeofthestorm]

I think that there should be a limit. Doctors have to pay so much for insurance now a days that they end up practicing defensive medicine, rather then offensive.

[gerry_58]

Why not a limit on the percentage or amount the trial lawer can skim off the top???

[Emtmom]

If you limit the amount that can be awarded, it helps the Drs. because they can afford to practice. Second, it stops the lawyer from collecting too much because they take a percentage of what his client is awarded.
The malpractice insurance is less(hopefully) and they can concentrate on helping people.
HOWEVER, if it is the Dr., or hospitals mistake, they should have to pay for any and all medical bills that pertain to the problem. If it is the mistake of the hospital or Dr., then not only should they be held liable, there should be one hell of an investigation. If it is thier neglect,they should lose thier license to practice!
Let's face it, no matter how much money you get, it will NOT make you feel better, bring back Aunt Nellie, take away your pain,...whatever the problem or mistake was.

[eyeofthestorm]

yea but it sure can make you comfortable, and you can buy a nice headstone for aunt nellie.

[paramedic 35]

The legal profession and the judicial system needs an overhaul. Strict guidelines need to be established concerning medical malpractice. If a case concerning medical malpractice is going to be heard by the courts, it should first have to be reviewed by a panel of, both legal, and medical professionals, to determine the merits of the case. Only after this review should it be allowed to proceed to trial, or litigation.

West Virginia has passed legislation to limit malpractice awards, however, it still does not eliminate frivolous law suits which cost millions of dollars.

Don't get me wrong, If the physician screwed up they need to pay, but more importantly, the medical community needs to make sure they do not have an opportunity to screw up again. Whether this requires re-training, counseling, or reprimanding and suspension of license should be looked at on a case by case basis. The physicians need to be held accountable.

The lawyers also need to be held accountable. I feel that lawyers should be reviewed and, if a pattern arises concerning the filing of frivolous law suits, their license to practice should also be in jeopardy.

The bottom line is, if we do not fix the problem soon we will not have any physicians. My daughter is 14 and has always wanted to be a Pediatrician. She is disturbed by the figures she is seeing concerning malpractice insurance premiums. If a high school student is concerned about this and is considering changing her focus to another practice, what are the med-school students thinking?

[Think Logically]

Yes, there should be some types of limits on malpractice suits.

It may be a better idea to overhaul the judicial system first. Our society is focused on protecting the stupid.

- Probably the most notorious lawsuit in recent years, was the lady who spilled hot coffee from McDonald's in her lap. She won an extensive amount of money for this; did McDonald's spill it on her, NO! Would she have complained if the coffee was cold, YES!

- Recently in our area we had an idiot at the zoo jump two fences to put his hand into a tiger's cage. Well, the goober got his hand scratched, now officials are concerned if they have enough warning signs. Well, let's see; A BIG CAT= Warning sign #1; TWO FENCES around the animal= um...yeah Warning sign #2; SIGNS that say DON'T FEED THE ANIMALS= Warning sign #3

- In our area recently, a carnival for a non-profit agency was sued because a man didn't pay attention to where he was walking and fell when he was getting off the ferris wheel. The idiot got the money, a nice chunk at that.

I know that's just a lot of rambling; however, our legal system only continues to fail the working class. They readily throw money to stupid people. There are people who make a living by suing people for money.

#1: overhaul the legal system, make more respectful decisions. If someone was really hurt by another, granted a settlement needs to be made.

#2: limit the amount of money that may be awarded for certain lawsuits, if a doctor does cause harm the lawsuit should pay for all medical bills as a result of the injury; however, limit "pain and suffering" amounts to a set number.

[Emtmom]

So true, we need judges with balls enough to toss those cases out. I'd love to hear a judge say: DID THE CIGARETTE COMPANY PUMP YOUR CHEST AND MAKE YOU SMOKE?

DID YOU ORDER COLD COFFEE?????? NO, THEN OBVIOUSLY IT'S GOING TO BE HOT! Be more careful!

Thankfully they did have the one judge in NY (I think it was NY) that tossed the cases of the "fat" kids who were trying to sue McDonalds for them being overweight.

[hog]

lawyers are the ones who get rich from other`s suffering........

[Cctruck17]

O.k. I see how some people see it! Limit the "pain and suffering"? So when the doctor says "Shit! I shouldn't have cut that!" and makes you paralized, the doctor only has to pay the medical bills you endure. Never mind you can't walk again, play softball again, or the worst part, fight fire again! And to think, the only reason you went to the doctor is to remove a cist (non-cancerous) from your back!

This is make believe, but things like that happen I'm sure every day. There was a special on network TV, like 20/20 or something about people going in for kidney stones, and they got their tonsils removed!!!!!

Come-on this isn't messing up your order in a drive-thru! This is people's lives!

Don't get me wrong, the frivolous law suits about the coffee is stupid, but thats not medical malpractice. Make them pay if they screw up!

I work at a company called C&S wholesale grocers in Aberdeen, MD. My job is incentive. The more I do, the more I get paid. But if I make mistakes, I lose money. Lots of money! I am on a lot smaller pay scale then doctors! I realize the penelties of making mistakes so I don't.

[Emtmom]

O.k. I see how some people see it! Limit the "pain and suffering"? So when the doctor says "Shit! I shouldn't have cut that!" and makes you paralized, the doctor only has to pay the medical bills you endure. Never mind you can't walk again, play softball again, or the worst part, fight fire again! And to think, the only reason you went to the doctor is to remove a cist (non-cancerous) from your back!

This is make believe, but things like that happen I'm sure every day. There was a special on network TV, like 20/20 or something about people going in for kidney stones, and they got their tonsils removed!!!!!

Come-on this isn't messing up your order in a drive-thru! This is people's lives!
.
I understand what you're saying, but is the money going to make you walk again, or allow you to play ball? NO amount of money is going to do that. There is no amount of money that is going to make your pain go away. If that Dr. was negligent, they he should pay with more than money, he should pay with his right to practice medicine.
I have seen several shows like the one you're talking about, the Drs. and the hospital should be thoroughly investigated. It's OBVIOUS someone was not doing thier job. But cash will not fix it. OR maybe the answer is to hike up the insurance of just those Drs., and not the ones who are doing thier job properly. I had a GREAT Dr., he retired last year, why? Due to malpractice insurance, his not being able to do house calls, or spend time with his patients, because in order to pay for his ins. he had to see 8 pateints an hour. He practiced for over 40 years with NEVER a complaint filed against him, never a lawsuit filed. YET, because of the lawsuits and the lack of a limit to them he had to quit what he loved and what he was GOOD at!

[hog]

I understand what you're saying, but is the money going to make you walk again, or allow you to play ball? NO amount of money is going to do that. There is no amount of money that is going to make your pain go away. If that Dr. was negligent, they he should pay with more than money, he should pay with his right to practice medicine.
I have seen several shows like the one you're talking about, the Drs. and the hospital should be thoroughly investigated. It's OBVIOUS someone was not doing thier job. But cash will not fix it. OR maybe the answer is to hike up the insurance of just those Drs., and not the ones who are doing thier job properly. I had a GREAT Dr., he retired last year, why? Due to malpractice insurance, his not being able to do house calls, or spend time with his patients, because in order to pay for his ins. he had to see 8 pateints an hour. He practiced for over 40 years with NEVER a complaint filed against him, never a lawsuit filed. YET, because of the lawsuits and the lack of a limit to them he had to quit what he loved and what he was GOOD at!
no money won`t but why should you not be taken care of because you lost what was dear to you......if they screw your heath up they should pay.....(why)......... they make big money......i love doctors they saved my fathers life...but if they screw up they should pay up

[BigGreasy]

my wife is preagnant with our second and her ob/gyn said this is the last he can deliever for us come next summer he will drop his ob so he can drop the insurance cause he pays 100,000 a year for the insurance

[Emtmom]

my wife is preagnant with our second and her ob/gyn said this is the last he can deliever for us come next summer he will drop his ob so he can drop the insurance cause he pays 100,000 a year for the insurance This is the sad part of the lawsuits, losing the GOOD Drs. because of the quacks! My OB who delivered my daughter took a job teaching, because of this. The OB I found after he left, has moved to another state where her insurance is less and she can afford to practice.

[fyrdog]

Yes, there should be a limit on monetary damages. The trial lawyers are getting filthy rich off of the cases, not the plaintiff. This is forcing many good doctors to give up practicing medicine because they cannot afford the high cost of malpractice insurance.

[No Fear]

Mom , I don't know what to say on this topic, I pretty much torn, however I do like to see ya run. And are those my eyeballs that you found

[Emtmom]

Mom , I don't know what to say on this topic, I pretty much torn, however I do like to see ya run. And are those my eyeballs that you found
I have lost count of the PM's I have gotten from FF's , claiming the eyeballs belong to them . Even one poor guy who lost his glasses too, I still haven't found those! ROFL

[hog]

I have lost count of the PM's I have gotten from FF's , claiming the eyeballs belong to them . Even one poor guy who lost his glasses too, I still haven't found those! ROFL
you should be an eye doctor then ...lol

[Emtmom]

you should be an eye doctor then ...lolToo funny! wonder if I can get a grant to get my degree.

[LostOnScene]

and now back to your regularly scheduled topic...

sometimes i can see a reason to sue but not for millions...but its called PRACTICING MEDICINE for a reason...c'mon now kids. no one is perfect and we all make mistakes.

yea i could have sued the pants off the doctor that "fixed" my rt 4th finger after havein a spiral fracture due to a ring that crushed and twisted the bone during an mva..but i didn't. my finger is still somewhat functional even though there is nerve damage, muscle damage, a T shaped titanium plate and 6 screws in it...and yea it hurts a lot and the range of motion for my 5th finger is less than it was before but ya know i am happy not to be missing a finger.

[hog]

and now back to your regularly scheduled topic...

sometimes i can see a reason to sue but not for millions...but its called PRACTICING MEDICINE for a reason...c'mon now kids. no one is perfect and we all make mistakes.
we all make mistakes but when a doctor kills a member of your family then come talk about it.......i believe that most DRs are good but if they screw up then why shouldn`t they have to pay for their mistakes

[LostOnScene]

we all make mistakes but when a doctor kills a member of your family then come talk about it.......i believe that most DRs are good but if they screw up then why shouldn`t they have to pay for their mistakes

you wanna talk about it?? lets talk. my uncle bleed to death in a local hospital...hmm... was it the dr's fault or the nursing staff?

so if you want to continue talking you know where to find me

[hog]

sure i`ll talk about it.....what happened was it his fault or theirs?.....if their fault and your family didn`t do anything shame on them

[LostOnScene]

i don't know all the details...but don't you think the staff at a hospital should take measures for protecting patients from harm? and my family did something...my grandmother is handeling it.

[hog]

sure they should lost that is why you sometimes have to sue

[LostOnScene]

sure they should lost that is why you sometimes have to sue

there are too many people out there willing to sue you even if you look at them funny.

those people can kiss my ass! :eek:

[BigGreasy]

It isn't about to sue or not to sue. People should receive damage when there is a screw up that causes harm or death but it is the amount awarded. I mean you sue for a million or so but 100s of millions cmon. Yes you may have lost a loved one. I have a grandmother that went to a hospital with cp they said the could find nothing 2 months later a heart attack luckily she lived come to find out she had two 90% blockages yes i wanted her to sue but not for millions. You sue for compensation not to cripple a hospital or Dr. Sue for 3 trillion isn't gonna bring a loved one back, so be reasonable sue for a just monetary sum. I am sorry even if it were my loved one 100 million isnt just 1-2 maybe is a better ball park and if it doesn't result in death or paralization in think it should stay in million dollar ball park. the problem is the tens of and hundreds of millions rewarded and usually for petty bs.

[hog]

there are too many people out there willing to sue you even if you look at them funny.

those people can kiss my ass! :eek:
sure there is Lost i have seen people get in an accident that didn`t even knock the dust off their bumper and hold their neck....but there also is a time to sue

[Emtmom]

Found this today, thought maybe we could try this debate again!

Toilet Brush Warning Wins Consumer Award

Thu Jan 6, 7:31 AM ET Top Stories - AP


By DAVID N. GOODMAN, Associated Press Writer

DETROIT - The sign on the toilet brush says it best: "Do not use for personal hygiene."



That admonition was the winner of an anti-lawsuit group's contest for the wackiest consumer warning label of the year.


The sponsor, Michigan Lawsuit Abuse Watch, says the goal is "to reveal how lawsuits, and concern about lawsuits, have created a need for common sense warnings on products."


The $500 first prize went to Ed Gyetvai, of Oldcastle, Ontario, who submitted the toilet-brush label. A $250 second prize went to Matt Johnson, of Naperville, Ill., for a label on a children's scooter that said, "This product moves when used."


A $100 third prize went to Ann Marie Taylor, of Camden, S.C., who submitted a warning from a digital thermometer that said, "Once used rectally, the thermometer should not be used orally."


This year's contest coincides with a drive by President Bush (news - web sites) and congressional Republicans to put caps and other limits on jury awards in liability cases.


"Warning labels are a sign of our lawsuit-plagued times," said group President Robert Dorigo Jones. "From the moment we raise our head in the morning off pillows that bear those famous Do Not Remove warnings, to when we drop back in bed at night, we are overwhelmed with warnings."


The leader of a group that opposes the campaign to limit lawsuits admits that while some warning labels may seem stupid, even dumb warnings can do good.


"There are many cases of warning labels saving lives," said Joanne Doroshow, executive director of the Center for Justice and Democracy in New York. "It's much better to be very cautious ... than to be afraid of being made fun of by a tort reform group."


The Wacky Warning Label Contest is in its eighth year.

[hog]

i believe that the lawyers should have a cutoff not a % of what is awarded.......those bastards make money on someone heartache and pain

[Hells Guardian]

Ok I gotta chime in on this one! Should there be a limit? Well lets see at my job if I don't pay attention and a ladder falls on someone they may sue me for as much as they can get. People in favour of reform are saying doctors have limited liability! Ok well what if they (DRS) amputate the wrong limb? This has happenend. Due to stupidity and not paying attention. They then have to amputate the other limb which needed it in the first place! So now the poor person who has no legs can only sue for a certain amount!!!!!?????? The problem lies in the grey areas that need to be cleaned up by judges. THROW OUT THE GODDAM FRIVOLOUS LAWSUITS AND PROSECUTE THE REAL ONES! This country as we all know has become sue happy! Just as someone refrenced, the McDonalds case. The lady complained about cold coffee and when she gets hot coffee spills it on herself! Whose fault is that? Easy, hers! So what does a imbicile of a judge do, award her money after a trial that costs taxpayers money and wastes valuable time in the court system. This country is upside down right now and the whole system from top to bottom needs redone. We need smart judges who can throw out these stupid lawsuits and protect the people who really have cases. Am I the only one who sees this?

[STEALTH MODE]

No way are you the only one who sees this - I believe Seinfeld even did an episode (spoof) on the "hot coffee incident"... That so called incident, I believe set a whole new set of standards in the USA for anyone to sue anyone they want for anything they want (and WIN), I believe you called it "sue-happy" - you are correct. People saw that case and the judges conclusion - and YIPPEE, that one judge / case invented a whole new breed of "sue-happy" people everywhere!!

That will never stop... I'm a firm believer in "only the good get screwed"...

[blstxi]

The coffee case, as well as what most fire and ems providers see in the field daily is proof that the limitations should not only be set on the high end (for the greedy lawyers and the doctors that do nothing but get paid huge for a fancy paper on the wall) but also the low end (the coffee case, people suing simply because the courts, the jury, the legislators, the general population, etc. are too stupid to say no) because its not just the values of the lawsuits that are causing costs to rise it's the frequency, saturation, and backlog the above results in in the first place. But the odds of this effectively being instituted are the same as either all the interest groups let it pass without getting involved and/or people will stop calling 911 for nosebleeds

[STEALTH MODE]

Amen blstxi!

[Emtmom]

As I said before, we need judges with balls enough to toss the frivolous ones out of court. Like the judge I believe it was in NY who tossed out the lawsuit against McDonalds. Teens brought a lawsuit against McDonalds because they got fat eating there. Judge not only tossed it out, but asked the parents why their kids were eating at McDonalds everyday!

[mohican]

I don't think anyone is wanting to eliminate malpractice suits

Capping them is another matter

Has anyone else here heard or read John Edwards "channelling" of dead children in court? What people are objecting to is not monetary punishment of malpractice

People are objecting to the sue to get rich quick, smarmy shopping mall lawyer phenomenom