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Re: Kerry/Edwards Tort ReformFrom: Lynn D. Montgomery, M.D. (apgar10@montanadsl.net)Sat Jul 31 12:39:46 2004
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. [Lynn D. Montgomery, M.D.] Yes, but I haven't seen Vice President George Bush or President Cheney lobbying Congress for ANY provisions. They were silent prior to the tort reform votes... 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 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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