Re: Kerry/Edwards Tort Reform

From: Lynn D. Montgomery, M.D. (apgar10@montanadsl.net)
Sat Jul 31 16:31:31 2004


You and I both know that saying you will sign legislation IF it crosses your desk is a lot different than sending all of your little hawks out to all the influential congressmen and whispering sweet nothings in their ear as the President does with legislation he really wants passed.

I also don't want to get in a Democrat v. Republican battle here either. I was born a Republican, raised a Republican and voted for the Republican candidate on every ballot. I am just getting tired of the rhetoric and complacency of the good ole boy Republican President and majority congress. Medicine is my livelihood and an integral part of every person's life in this country and it is circling the old toilet bowl. Believe me, if something were threatening the health of Halliburton, things would change. It just isn't enough for Cheney to speak about liability reform to the Medical College of Ohio.

Somebody asked me the other day if I thought that the Democrats would put forth socialized medicine if they got the office. I told them that I hope so because four things would happen: 1. I would be working from 9 to 5, 2. I wouldn't have to fight for every penny of reimbursement from an insurance company, 3. Liability reform would very likely happen and the biggest at number 4 - the insurance companies and more particularly their high paid executives would disappear... Lynn

--
Lynn D. Montgomery, M.D.
Maternal-Fetal Medicine, OB/GYN
Rocky Mountain Women's Health
2835 Fort Missoula Rd., Suite 304
Missoula, Montana, 59804
406-549-0978
fax 406-549-0987
e-mail: apgar10@montanadsl.net
-----Original Message-----
From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of
Harrison Sheld
Sent: Saturday, July 31, 2004 11:59 AM
To: Multiple recipients of list OB-GYN-L
Subject: Re: Kerry/Edwards Tort Reform

Associated Press, October 23, 2003: Article entitled "Democrats Block GOP Move on Class Actions [Tort Reform]. From the article:

"With a few Democratic senators on board, Senate GOP leaders say they have enough votes to approve the bill, which has already passed the Republican-controlled House. President Bush has said he would sign the legislation, which administration officials called an "important step in reforming class action litigation."

Lynn D. Montgomery, M.D. wrote:

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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