[fintstone]

Originally Posted by Neilk

Tort reform is good in theory, but what happens in a LEGITIMATE case when someone is left incapacitated and needs serious long term care? After lawyer's fees, you may be down to $1.3 million. If they happen to live over 10 years, they may end up destitute. Unfortunately, for every case l mentioned, there are probably 20 ridiculous cases that messes it up for everyone else.

Speaking of greed, how about "out of network" facilities or doctors that charge 10x the prevailing rates and get them because they are out of network? A co-worker recently went to an out of network surgical facility (her doctor was in network) and they charged the insurance $80,000 for a O/P surgery in which she was only in the facility, including surgery and recovery, 6 hours. That is insane. Also check out this article about a $117,000 surgical assistant. Link.

The problem with a set $2M cap is that if you beak your toe...you can sue for $2M or you can be an invalid for life and sue for $2M. As you posted, most cases are ridiculous (broken toe) which creates problems for those that are legit.

In VA, the limits are a cap for "pain and suffering, medical bills, wages, and punitive damages". A better system would significantly limit compensation for pain, suffering and punitive damages, but not medical bills and wages.

As far as the "out of network" costs...in a free market, a provider chooses what they charge for their services just like any other profession/business. One must shop for medical services like anything else. There is a reason that they are "out of network".