Quote:
Originally posted by Tyrone Slothrop
If there's a problem, it's that med mal claims don't do a good job of compensating the right people. Caps are a bad idea, IMHO -- when you hear about the injuries people suffer, no one in the right mind would accept even the uncapped damages to incur those injuries. But if the system does not whack the right defendants, then it's not doing much to create the right incentives.
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Two things need to happen. First, the lawyers and doctors need to stop fighting. The insurers have tricked them into fighting one another when the real enemy is the insurers. If you take a look at the numbers, you'll see that rate increases are huge multiples of the costs incurred by insurers for malpractice claims. The insurers have never been able to show any congruity between their increases and the alleged costs justifying them. The lawyers and doctors should get together and fight the insurers. Once they get together, they can also do the second thing that needs to be done, which is weed lousy lawyers out of the system. Hacks who file junk claims cost good lawyers, doctors and insurers money. I don't just mean lousy PI lawyers, either. There are tons of commercial lawyers and litigants who litigate as a form of doing business. Those scumbags should be forced to pay sanctions for every frivolous action they file. We really ought to move toward a model where the overly litigious are sanctioned, and sanctioned stiffly, for filing junk suits if any kind.
But I guess that would wipe out a whole industry of people who pay tuitions and lease expensive cars.
