Re: Kerry/Edwards Tort Reform

From: Harrison Sheld (hsheld@anv.net)
Sat Jul 31 07:24:37 2004


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All these proposals are, in terms of our legal colleagues, moot. There are not enough votes, no matter what the proposal to get through the Democrat obstruction in the Senate. Given Kerry's record of flip-flops, the half-life of that proposal isn't worth very much I am afraid.

RModugno@aol.com wrote:

> I also did not want to discuss American politics, but I was surprised
> by the Kerry/Edwards proposals regarding medical malpractice tort
> reform, namely:
>
> A requirement that medical malpractice claims first go before a
> qualified medical specialist to determine whether a reasonable
> grievance exists.
>
> A requirement that states ensure the availability of non-binding
> mediation in all malpractice claims before cases proceed to trial.
>
> Support for sanctions against plaintiffs and lawyers who bring
> frivolous medical malpractice claims, including a "three strikes and
> you're out" provision preventing lawyers who file three frivolous
> cases from bringing another suit for 10 years.
>
> Opposing punitive damages -- unless intentional misconduct, gross
> negligence, or reckless indifference to life can be established.
>
> Eliminating special privileges that allow insurance companies to fix
> prices and collude in ways that increase medical malpractice premiums."
>
> Seem reasonable to me - maybe our discussion should center on these
> proposals? (My intent for my original post)
>
> Robert Modugno MD MBA FACOG
> Marietta, GA
> www.novaobgyn.yourmd.com <http://www.novaobgyn.yourmd.com>
>
> (By the way, I think Dubya would have handled the Waco Wackos the same
> way Janet Reno did!)
>





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