Quote:
Originally Posted by Moneyguy1
Sea:
Precisely. However, the right to go after a Doctor or Hospital that, through negligence, causes injury or death must still be there. One element of the equation is whether the insurers are not ovecharging their clients. There is very little control over the rates charged, and many physicians with no complaints against them still pay the same rates as the less competent individuals. If one eliminates or drastically reduces the right to sue, we run the risk of accepting less then the best of care since certain service providers will simply hide behind the knowledge that victims or survivors will not bother bringing the perps to task. As it is, there is no good data concerning what percentage of affected patients actually submit a compaint or institute legal action. Some are simply put off by the percentage that an attorney will take (generally 40% plus out of pocket expenses and the knowledge that if the case goes to trial and the complainant loses, the defending party can sue for reimbursement of court costs).
I recommend everyone seeking medical service to go to the website of their state Medical Board, enter in the prospective service providers name and find out what, if any, complaints have been made, whether the individual is board certified (some are not) and whether the individual has had a license revoked by another state.
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Agree as well, MG1...I would submit reform, not abolishment of tort law is in order.
My other sister is a lawyer (albeit a prosecutor so they get along) so I have no truck with fee for service. What I have issue with is the lack of any substantive penalty for being frivolous. I always find it interesting that auto insurance companies have financial formulas for trauma to protect their interests but medical law suits seem to be free form.
I was in error concerning my last post, my doc sis has never been
successfully sued. Her time and effort defending her honor was both time away from her practice and uncompensated.