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2004-07-03 Home Front: Culture Wars

Wisconsin court rules malpractice damage limits OK

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Posted by .com 2004-07-03 03:58|| || Front Page|| [3 views since 2007-05-07] Top

#1 All pain and suffering suits should be capped to match the maximum level of the Servicemans Group Life Insurance [SGLI]. Want higher payouts? Then raise the SGLI. We have indeed already set the value of a human life.

Posted by Don 2004-07-03 8:39:07 AM|| 2004-07-03 8:39:07 AM|| Front Page Top

#2 Good observation Don.

One thing to add- the Dems are goign to howl. If there is one group they are in the pocket of, its the trial loawyers, more than any other, including the unions.

The trial lawyers fund large amounts of Dem activities, and the Dems do whatever the Trial Lawyers tell them to do, wich usually means obstructing, delaying and interfering with any and all legitimate tort reform efforts.

1) Losing LAW FIRM pays all legal fees of both sides - only exception is that if law firm is doing it "pro-bono" then they dont pay if they lose.

2) All statutory and actual damages are to be determined by the jury, but all PUNITIVE damages to be awarded by the judge (NOT the jury) and reviewed automatically by a 3 judge apellate panel.

3) Allow #1 to be overridden if and only if the plaintiff accepts the statutory upper bounds of damages as the maximum (actual damages are still allowed any amount as proven).

Do this and all of a sudden medical care comes WAY down due to a huge drp in malpractice insurances - and so does retail biz and manufacturing: lower insurance premiums!

And the drop in premiums would be even larger than most thing simply because it becomes much easier to quantify potential losses.

Posted by OldSpook 2004-07-03 11:59:36 AM|| 2004-07-03 11:59:36 AM|| Front Page Top

#3 Forgot to add:

But it'll never happen, because the Trial Lawyers will never let it get that far:

Rule 1 puts them on the hotseat - they have to come clean and say that the real reason for their huge judgements and settlements is for their own personal enrichment, not that of the client. For if it were truly the client, then they would be doing it Pro Bono.

Posted by OldSpook 2004-07-03 12:00:04 PM|| 2004-07-03 12:00:04 PM|| Front Page Top

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