Liberals Afraid To Offend Lawyers
By The IntelligencerMost Americans understand that limits on medical malpractice lawsuits would reduce health care costs. We believe most members of Congress realize that, too. But too many liberal lawmakers don't want to legislate medical malpractice reform because it would upset some of their most staunch supporters - trial lawyers.
According to an Associated Press poll, 54 percent of Americans agree with limits on malpractice lawsuits. Only 32 percent disagree, with the remainder undecided.
In both the House of Representatives and the U.S. Senate, liberals have been reluctant to include malpractice reform in health care bills. A look at many of the lawmakers' campaign finance reports reveals why: Trial lawyers are very active in supporting favored candidates with contributions.
Malpractice reform, such as that approved in West Virginia a few years ago, preserves the rights of patients who have suffered from health care mistakes, while limiting the outrageously high awards that add noticeably to health care costs. The only reason many liberal lawmakers oppose such limits is their concern about offending deep-pockets contributors.
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bassman
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11-23-09 6:49 AM
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wonder, I came back to see some of the quotes and noticed your remark about my mom. She is not dead. Is there something you know that I dont?
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TrollSlayer
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11-23-09 6:46 AM
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doctor, YOU go back and waste YOUR time trying to find it. Title and time of the post where I “misrepresented going to jail without health insurance,” please. Otherwise your latest post is just another dodge.
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doctor
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11-23-09 6:28 AM
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Trollslayer, Go back several posts and pages. I wasn't referring to your recent comments. Have I mistaken you with another? Graysong, If one had stated that failure to pay the fine or tax levied for one refusing to purchase health insurance could result in incarceration (before Senate removed provision), I would have been ok with that. That would have been accurate and is similar to the consequences of failure to pay taxes. Your suggestion of make the litigation "loser pays" isn't a bad idea. Could eliminate a lot of the frivolous lawsuits and keep malpractice insurance costs down. 1whoworks: I prefer focusing on the root causes of malpractice claims which I think would have more far-reaching benefits both financially and on quality of care. The healthcare insurance industry is already exempt from anti-trust laws. Changing that would be beneficial. Regarding who will provide oversight? Anyone but the foxes in the henhouse would be ok with me.
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Graysongs
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11-22-09 10:15 PM
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TrollSlayer - "Doctor" here ran the scam of one going to jail for "not paying the fine" so he could say you weren't going to be going to jail for "not having insurance". Word game dishonesty as one always gets from a lefty.
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1whoworks
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11-22-09 9:30 PM
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With all the details the bottom line is: Why would we trust the government who cannot regulate the industry properly run it? Also, if the government runs it who will regulate it?
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TrollSlayer
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11-22-09 9:18 PM
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I then SPECULATED this amendment would be removed, making jail a possibility: “It will be interesting to see how soon the imprisonment penalty will be put back in. So, yes, it’s likely people will be put in jail if they refuse to buy “acceptable” private health care insurance or pay the fine/tax.” SPECULATION is not MISREPRESENTATION, at least in my dictionary. If calling speculation a misrepresentation is the kind of lie you use in court I’m surprised ambulance chasers even hire you.
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TrollSlayer
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11-22-09 9:17 PM
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doctor “Trollslayer, You [initially] misrepresented going to jail without health insurance without mentioning nonpayment of fines as being the precipitating event.” I certainly did NO SUCH THING. At 10:57 pm yesterday YOU first suggested that idea “I keep reading various comments about people being put in jail if they don't accept healthcare insurance” In my 11:02 and 11:03 posts I quoted the irs dot gov website “Failure to pay taxes could subject the noncomplying individual to criminal penalties, including fines and imprisonment,” and then I quoted the Senate bill’s EXCEPTION to that policy “In the case of any failure by a taxpayer to timely pay any tax imposed by this section… such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure.” And then I SPECIFICALLY ELABORATED how jail was NOT in the bill: “As it now reads, you can refuse to pay the IRS that tax and nothing will happen to you."
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1whoworks
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11-22-09 9:12 PM
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doctor - Like you I just don't agree with the CBO on this. There are studies that speak to many facets of this discussion. From my experiences tort would help a lot. Like many things it would depend on how it is implemented. Mississippi had great success with their reforms. All of the stats I have read from their effort are huge. If only worked 25% as well nationally the cost savings would be huge!
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Graysongs
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11-22-09 8:41 PM
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Simply make this litigation a matter of "loser pays".
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doctor
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11-22-09 8:17 PM
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iwhoworks, It may reduce some of the defensive medicine of which you speak that increases some of the costs of healthcare, albeit in a miniscule amount- not the main driver. "Citing recent studies, including two new economic papers published only last month, CBO concludes that limiting malpractice liability would reduce total national health care spending by about one-half of 1 percent, or about $11 billion " CBO, FACTCHECK Malpractice Savings Reconsidered My personal opinion is that if the frivolous lawsuits could be significantly reduced or stopped, it would help significantly. The majority of malpractice claims are from frequent flyers-same ones over and over who drive up the costs of malpractice insurance. Dealing with them would help like taking their licenses away. Then, there is the issue of high patient volumes, staffing deficiencies, etc which increase the liklihood of cutting corners regarding standards of practice and resulting errors.
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Graysongs
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11-22-09 8:00 PM
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1whoworks - I saw an old campaign button that said "Women In Chicago Love Dick Daley". I almost moved there.
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1whoworks
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11-22-09 7:56 PM
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doctor - From strictly an insurance company perspective they are concerned with earnings per share and cost ratios. However, a tort reform would help reduce the costs of malpractice insurance and procedures that are done simply to insulate from potential lawsuits. And it's not all ob.
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doctor
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11-22-09 7:38 PM
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Correction: initiated should read initially.
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doctor
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11-22-09 7:36 PM
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Trollslayer, You initiated misrepresented going to jail without health insurance without mentioning nonpayment of fines as being the precipitating event. Sort of like saying Al Capone went to prison for murdering someone instead of tax evasion. The slippery slope began when you provided the information about the penalty provision being removed yet then stated, such would be put back in. That was your justification for your statement being accurate which is a slippery slope. Back to tort reform: the issue with malpractice insurance costs has more to do with access issues-availability of certain services (ob) and certain surgeries and diagnostics (mostly in rural areas) than it does on the high cost of healthcare. Health insurance premiums have risen mostly as a result of medical/loss ratios and issues regarding poor investments.
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WVEXPAT
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11-22-09 7:19 PM
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Wonder, LOL Good one on the lawyer statement! I'm sure he has the best money can buy! I do like Fact Check! They may be left leaning, but they seem to make sense! Yes, the entire Fact Check article I cited was interesting. They basically cited John Kerry (as well as the DNC) as being a liar yet still pointed to issues that indicate that Cheney did not have "clean" hands on the entire Haliburton subject. It does clear Cheney of any direct influence (which is the part Kerry lied about) but obviously history can infuence behavior. And Fact Check certainly points out the significant past of the Cheney/Haliburton history. "So to sum up, this Kerry ad's implication that Cheney has a financial interest in Halliburton is unfounded and the $2 million figure is flat wrong."
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1whoworks
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11-22-09 7:01 PM
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LOL Talking about Cheney. Can you say Whitewater? Lets go way back to 1960 and talk about mayor Dailey "finding" votes for Kennedy getting him the election. Heck I could go back farther than that or more recent. Can you say William Jefferson who got caught with bribery cash in his freezer but the dems wouldn't even reprimand him. There are enough crooked politicians on in both parities. We need to vote them all out!
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Graysongs
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11-22-09 6:11 PM
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TruthSeeker - You obviously know nothing about the nature of defense contracts. I don't know on what basis Cheney obtained deferments from the draft. Are you saying that you do? If, for example, he had a physical problem which made him "4F", would that make him a bad person? The military has an interest in NOT drafting or accepting some people because of the risk of long term health benefits which could be due to such a person after even a relatively brief period of service, but you'd have no way of knowing that - and don't really care as long as you can "bash and run".
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wonderwhy
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11-22-09 6:00 PM
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maybe cheney just has a good lawyer! LOL!
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wonderwhy
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11-22-09 6:00 PM
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so Cheney goes from sec of defense for bush 1, is ceo of haliburton, says he gives the money to charity that he makes in stock options and you don't think he profited. whatever. btw, whenever i use factcheck i am insulted as the far right claim it is not a good source. I read the entire article, of which you posted on paragraph. but there are thousands of articles on the web disputing your one paragraph.
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1whoworks
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11-22-09 5:49 PM
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Truth - Do you really think that if doctors don't make mistakes they won't be sued? Really?
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WVEXPAT
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11-22-09 4:14 PM
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No! More like "Epic fail" for the left! According to Fact Check dot org (rebutting a John Kerry ad); A Kerry ad implies Cheney has a financial interest in Halliburton and is profiting from the company's contracts in Iraq. The fact is, Cheney doesn't gain a penny from Halliburton's contracts, and almost certainly won't lose even if Halliburton goes bankrupt. The ad claims Cheney got $2 million from Halliburton "as vice president," which is false. Actually, nearly $1.6 million of that was paid before Cheney took office. More importantly, all of it was earned before he was a candidate, when he was the company's chief executive."
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TruthSeeker
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11-22-09 2:59 PM
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Fail.
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Graysongs
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11-22-09 2:33 PM
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TruthSeeker - Again, so what? His company did business with the government on a "no bid" basis in many cases? Many defense contracts are - and have been - "no bid" deals for many years. What were the bases underlying these draft deferments? Educational? Medical? The guy has had a serious heart problem for many years and, for all I know, he's had it since he was young. You brought up the areas I would describe as "trash" with Edwards, not me, as far as whatever marital issues he may have.
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TruthSeeker
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11-22-09 2:23 PM
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Thought so. Cheney was chairman and CEO of Halliburton Company from 1995 to 2000. When Cheney became eligible for the draft during the Vietnam War he applied for and received five draft deferments. He voted against making Dr. Martin Luther King, Jr.'s birthday a national holiday. Cheney's net worth, estimated to be between $30 million and $100 million, is derived from his post at Halliburton, as well as the Cheneys' gross income of nearly $8.82 million. Haliburton and it's subsidiaries garnered a ton of wealth with no bid contracts for the US govt during the years Cheney served as VP and he was still receiving paychecks from Haliburton through 2004. There's much much more. And you want to talk trash about John Edwards.
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Graysongs
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11-22-09 1:25 PM
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TruthSeeker - Cheney was an employee or board member or somesuch of Haliburton, a long-time defense contractor under several previous administrations and presidents of different parties. So what?
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