Isn't that what insurance is for?  How come you don't apply the same logic
to health insurance since our lifestyles strongly influence healthcare
costs.

Andy

-----Original Message-----
From: Gruss Gott [mailto:[EMAIL PROTECTED]
Sent: Tuesday, October 26, 2004 4:54 PM
To: CF-Community
Subject: Re: Did you know?


> Sam wrote:
> Average malpractice awards have tripled to $3.5
> million since 1994, driving medical liability
> insurance premiums up over 500 percent.

As I understand it, malpractice insurance isn't tied to an individual
doctor.  Rather, all doctors pay for the awards.  This means that each
doctor isn't held responsible for his/her actions.  It's like no fault
plus plus car insurance - when accidents happen all doctors pay.

This creates an incentive problem - bad doctors aren't identified nor
do their costs go up any more than other doctors.  Therefore adding an
award cap just penalizes legitimate plaintiffs while rewarding bad
doctors.

Here's a great example of why there should be no lawsuit cap:

My cousin's wife was delivering their baby and needed a Cesarean.
They gave her the drugs and started cutting but  she began screaming
and screaming and so they kept giving her more drugs.  The doctor was
panicking and didn't understand why the drug wasn't working -
meanwhile the poor girl was bleeding all over the place.

My cousin starting looking under the bed at all the tubes and found 2
kinked.  He pointed this out to the doctor who then unkinked them
sending a massive dose of drugs into my cousin's wife who promptly
passed out and almost died.

Had she died, that would've definitely been a case of malpractice.  I
thought it still should be even though she didn't.

A lawsuit cap puts a price on her life and doesn't allow the courts to
send a message to Doctors that they better be through and bad doctors
aren't tolerated.



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