Well, it's done

[d-ray657]

Originally Posted by rickr15

Well Zeke I think you hit on one of the larger problems with todays society. Suing others for problems you caused. The Mcdonalds coffee lady comes to mind.
Don't even get me started on jurys that are dumb enough to facilitate this scam.

I obviously carry some professional bias here, but those who oppose government regulation should not support "Tort reform." Jurys are composed of 12 citizens (Often 6 in civil cases). It is the average citizen who determines the ultimate responsibility for an injury, the cost of the injury to the individual, and, if applicable, an amount that would prevent future conduct similar to that which caused the injury. Rather than start a government program, the lawsuits provide an individualized approach to some sorts of dangerous or negligent conduct.

Yes, there are going to be outrageous cases, but those are really a small minority. Quite often juries are able to see through the BS. And yes, damage awards do affect insurance rates, but then so does the greed of the insurers. Insurers are secretly happy when a large award generates publicity, and they get an excuse to jack up their rates. Moreover, they are not above using fear to market their products - sorta like the life insurance salesman driving to a prospect's house in a hearse.

Damage awards have also resulted in safer practices. Lawsuits will often expose unsafe practices, which will result in greater emphasis of creating a safer product, on creating safer methods in surgery, in creating a more vigilant watch over care practices, etc. We don't know what would have been the human cost and cost in productivity if safer methods spurred on by damage awards had not been implemented.

Just another perspective.

Regards,

D-Ray

[Zeke]

Originally Posted by noonereal

BS this is a disaster and a continuation of mandated corporate profits

It's, certainly, not a disaster which -- even if it were -- is an exceedingly shallow critique.

As for corporate protectionism, what, precisely, do you think the role of government, is?

[noonereal]

Originally Posted by Zeke

It's, certainly, not a disaster which -- even if it were -- is an exceedingly shallow critique.

BS, it's a disaster.

But it's not a shallow critique, it's an obvious observation.

[Zeke]

Originally Posted by d-ray657

Damage awards have also resulted in safer practices. Lawsuits will often expose unsafe practices, which will result in greater emphasis of creating a safer product, on creating safer methods in surgery, in creating a more vigilant watch over care practices, etc. We don't know what would have been the human cost and cost in productivity if safer methods spurred on by damage awards had not been implemented.

Just another perspective.

Regards,

D-Ray

In general, I have no issues with that perspective, beyond it begging this, simple, metaphor: "Car crashes are good, they help us build safer cars."

As for damages spurring the industry towards improved medical practices, I am often reminded of "caveat emptor" related to ANY service. Choose wisely, on the front end.

If this spurs one to counter with, "but what about those that get crappy service because it is all they can afford? They don't really have a choice, do they?"

Uh, no. They didn't.

That was the point of passing this bill.

[Zeke]

Originally Posted by noonereal

BS, it's a disaster.

But it's not a shallow critique, it's an obvious observation.

Wow.

Again with the stellar and in-depth analysis.

Does this board come with an Ignore feature?

Seriously, I'm looking for that, already?

[rickr15]

Damage awards have also resulted in safer practices. Lawsuits will often expose unsafe practices, which will result in greater emphasis of creating a safer product, on creating safer methods in surgery, in creating a more vigilant watch over care practices, etc. We don't know what would have been the human cost and cost in productivity if safer methods spurred on by damage awards had not been implemented.

Just another perspective.

This I have no issues with. Its the lawsuits brought on by lifestyle choices and stupidity that I cannot stomach.

[piece-itpete]

Noone is our resident real Liberal, no corporate Dem he.

Pete

[d-ray657]

Originally Posted by rickr15

This I have no issues with. Its the lawsuits brought on by lifestyle choices and stupidity that I cannot stomach.

I agree with that to the extent that people seek relief for their own poor choices. I just spent eight years defending a set of claims for alleged damages to a group of employees who made all sorts of decisions to make themselves unavailable for work, but sued the union because the employers weren't hiring them. Ultimately, when it got to the jury, it took the jury 40 minutes to tell them to go away.

On the other hand, even if an individual's poor choices cause him or her to need medical treatment, the medical providers have the duty to follow industry standards for safety in treating the patient. If the medical providers are indeed negligent, and as a result of the negligence, the patient is in a worse condition, there is a basis for recovery by the patient. If, however, even the best practices cannot eliminate all risk of a bad outcome the patient bears the risk, so long as the doctor has advised him or her of the risk.

So yeah, I believe that people should be responsible for their own choices, but I think most individuals who serve on juries will believe that too. The big damage awards make the headlines. You don't hear of all the cases where the jury said gimmie a break, or the lawyer told a potential client that they don't have a viable claim.

Regards,

D-Ray

[merrylander]

Originally Posted by rickr15

Just wonder how all this is going to play out in court. Cogress passed this on the premise that they can control interstate commerce. No where does it say they can compel commerce.

I'm betting the SCJ's are getting some serious lobby cash tossed their way about now.

Why? With their Republican majority I know exactly how they will vote.

[merrylander]

Originally Posted by Zeke

Wow.

Again with the stellar and in-depth analysis.

Does this board come with an Ignore feature?

Seriously, I'm looking for that, already?

Go to the User CP, it's there.