Tort Reform, etc.

from JoeUser Forums

Tort reform sounds great until you become the victim of an incompetent doctor or manufacturer — the old not in my backyard syndrome. Would anyone pound the table in behalf of reform if a maimed veteran of the Iraq war or the family of a son who made the ultimate sacrifice decided to litigate the Pentagon for its malpractice — is it any different from 9/11 compensations?

Why are we so stingy when it comes to funding Amtrak and so eager to subsidize airliners?

Is it too much to ask of Mexico to send a division of troops to police the illegal exodus of their countrymen along its northern border?

Why the cry against environmentalists? Granted they can be picayune, but weighed against the great strides accomplished in protecting our skies, lands and waters are their few lapses still unforgiving?

Why the hostility toward the national holiday of Christmas? As a Catholic kid in the city, I loved the school closing for Rosh Hashanah.

 

Copyright © 2004 Richard R. Kennedy All rights reserved. Revised: January 11, 2005.

http://stevendedalus.joeuser.com

politics
2,790 views 8 replies
Reply #1 from JoeUser Forums Top
Tort Reform, etc.

By: stevendedalus
Posted: Tuesday, January 11, 2005 on http://stevendedalus.joeuser.com/
Message Board: Politics
Is it too much to ask of Mexico to send a division of troops to police the illegal exodus of their countrymen along its northern border?


It has already been asked and was refused. This is what we got instead.

Link
They're telling them how to go about getting over the border without getting caught.
Reply #2 from JoeUser Forums Top
Yeah, Mexico can't be bothered building a thriving economy to supporttheir own kind.
SoundPackager - Customize the Windows sound scheme
Reply #3 from JoeUser Forums Top
Reply #2 By: stevendedalus - 1/12/2005 12:42:03 AM
Yeah, Mexico can't be bothered building a thriving economy to supporttheir own kind.


Naw, they'd rather send em over here.
Reply #4 from JoeUser Forums Top
I thought NAFTA was to improve their economy, rather than damage ours?
Reply #5 from JoeUser Forums Top
Although I have self-interest reasons to support tort reform, I think it is not the best solution to the problem of runaway torts. What would stop that train in its tracks, while still assuring just awards to those truly harmed by incompetence or neglect, is a "loser pays" system - no "tort reform" (recovery limits) needed.

For better or worse, the current notion of tort reform is probably the only thing that has a chance of actually happening. And, in fact, it has worked quite well in California for 30 years, so I wouldn't dismiss it out of hand.

Cheers,
Daiwa
Reply #6 from JoeUser Forums Top
so I wouldn't dismiss it out of hand.
I don't. In an old blog I suggested moving malpractice litigation to an investigative board consisting of consumers, law professors, teaching doctors, and chaired by an impartial statesman or judge to assess each complaint and possible award.
Reply #7 from JoeUser Forums Top
The biggest problem with any tort reform is most threats to sue are settled out of court. It seems that insurance companies would rather pay plaintiffs off than let it go to court. "Loser Pays" is a great idea, but does little to reduce the problem.
Reply #8 from JoeUser Forums Top
THe loser already pays since most lawsuits are on contingency--the lawyers lose.