Re: LEGAL: Lousiana Cap Survives Supreme Court

From: art fougner, md (evsono@pipeline.com)
Fri Feb 16 13:18:56 2007

Joe

LOL ... Bureaucracy with a life of its own? Try the IRS.

Art

At Fri, 16 Feb 2007, DoctorJoe@aol.com wrote: >
>In a message dated 2/16/2007 12:37:30 P.M. Central Standard Time,
>evsono@pipeline.com writes:
>
>The limit on Louisiana's medical malpractice lawsuit payouts is still
>$500,000 following a recent state Supreme Court decision.
>
>http://www.legalnewsline.com/news/190392-med-mal-cap-survives-constitutional-c
>hallenge-in-sc
>
>Comments, Joe P?
>
>The "cap" is kind of a misnomer. It's only a cap on non-economic damages.
>You can get lots of medical money and such, including future expenses. However,
>the emotional distress and other non-economic damages are limited to $500k.
>
>The way it usually works here, the physician is in for $100k (the first
>$100k) and the Patient's Compensation Fund is in for the remainder. The problem
>with that is, the PCF has become an entity unto itself and is self-protective,
>rather than patient protective. The PCF is stingy for the injured and also
>has been known to go against a doctor if he elects to settle for his $100k
>(thereby making the PCF have to possibly pay up some, too).
>
>There's a lesson to be learned (which I think is what happened also with,
>say, the Dalkon Shield fund): When you set up a bureaucracy to manage money,
>even money clearly earmarked for a certain use, the bureaucracy becomes a
>sentient being, protecting itself and even attempting to grow.
>
>Joe P.
>
>"It is said that looking into Chuck Norris' eyes will reveal your future.
>Unfortunately, everybody's future is always the same: death by a
>roundhouse-kick to the face."

--
art fougner, md
"May The Wings of Liberty Never Lose a Feather." - Jack Burton



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