Harumph!

You watch yourself.

(Edited for RS sensibilities)

Here’s a premise that I had and I said, back when Palin resigned, before this healthcare turning of the tides: “A NATION WILL NEED A LEADER. A LEADER WILL NEED ORDINARY AMERICANS LIKE YOU.” http://www.youtube.com/watch?v=tgCGMVGCD1Y

Let’s look at that video and Palin’s resignation in hindsight…back then, many supporters were confused, maybe even heartsick about it. But we just had to have faith in her, and today, we know Sarah WAS CORRECT in her statements. She is MORE EFFECTIVE now that she’s no longer governor, and I thank her for taking a stand on this important issue! She was able to move the conversation into a NEW DIRECTION! She articulated a nation’s thoughts and gave us voice. It’s the voice of a leader, albeit a voice of an ex-governor. Then it took townhall people to listen to her word, and it was these ordinary americans who elevated the rhetoric and conversation. LEADER, meet ORDINARY AMERICANS! No wonder support for the gov, and american values are on the rise, as seen in the video link! It can’t be stopped, her message is everywhere, spreading throughout the nation. Just look at her supporters’ reactions– watch the video.

Watch this, remain engaged and active, because she has raised the call to arms, and sarah NEEDS all of us to do our part. Recruit others, and increase Palin’s supporters! Please spread the link to everyone you know and post on the blogs. E-mail this to everyone, post on conservative & liberal blogs!

http://www.youtube.com/watch?v=tgCGMVGCD1Y

in Congress than you will a Republican that can lead.

just not as many of country club and “elite” right (which makes me like her all the more) so you don’t here the positive as much and hear the negative more.

_____________________________________________________________
“This year, or this month, or, more likely, this very day, we have failed to practice ourselves the kind of behavior we expect from other people.” C. S. Lewis

“Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.” – Ronald Reagan

“Christianity, if false, is of no importance, and if true, of infinite importance. The only thing it cannot be is moderately important.” – C. S. Lewis

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It’s the people who keep claiming the GOP must move to the left to be successful that hate Sarah Palin: Krathammer, Parker, Lowry, Noonan. Frum, Brooks and ‘Republican” strategists like Kevin Madden and Mike Murphy whose fortunes rest on Palin not winning.

they’d just be denying you services that they wouldn’t want to pay for and that would kill you. You’d still be able to go on FOX news, protest, etc. you just wouldn’t be able to sue them, like you can private insurers although with Tort Reform, could you still sue the insurers? Probably, but with a cap, perhaps the Government should voluntarily adopt opening themselves up to lawsuits.

you couldn’t appeal a governmental decision, period. Whether they killed you or left you with one leg attached by a tendon, you just dealt with it.

because these FB posts are so much more clear and thoughtful than anything else I’ve seen come from her.

And I don’t mean that as a knock, really. Obviously, every politician (and successful business leaders, religious leaders, etc.) employs speechwriters, ghostwriters, etc.

I’m just curious because it makes me think that she’s finally assembling a smart, competent and savvy team (unlike McCain’s) who could actually position her for and take her to national office (if that’s what she really wants).

Any thoughts/guesses on who’s in the background?

I think that is the better analogy to make in this situation.

If you go to a doctor for something specific they still check a lot of things that are tangentially related at best in order to cover down. This is because they fear a patient could sue them if they missed something, even if that something was related to the patient’s complaint.

I don’t think people are really looking to subvert the 7th Amendment, just common sense reform that protects the rights of all the entities involved.

I do see where you are coming from and thing it would be a great diary and a great debate.

You say: ” In other words if not running the tests = no medical problems, then not running the tests can not also = medical malpractice lawsuits because you cant have a malpractice suit unless medical problems result from the failure to run the test. One might imagine that Doctors are doing brain scans when you have a broken toe just to avoid lawsuits.” And how many scumbag plaintiffs’ attorneys find some rural county with a 60% illiteracy rate and make an emotional appeal to 12 morons with drivers’ licenses inducing them to stick it to the rich doctors, hospitals, and “insurance companies” – ignoring the fact that many large employers are self-insured and the money is coming directly out of the employer, not the insurance company acting as a TPA.

I’m sorry, the average citizen doesn’t have the knowledge to determine whether the brain scan was necessary to treat the broken toe; the broken toe could have been caused by a fall caused by a seizure, which could only be diagnosed with a brain scan. Whether true or not, it makes a good story and any good advocate can get twelve morons with drivers’ licenses to believe it.

One point of defensive medicine is to protect the doctor, not the patient. You can cut out a lot of unnecessary tests without affecting the mortality rate. Pay close attention to the word “unnecessary”.

For example:
Even if a doctor is 100% right about a diagnosis, the patient can still suffer and die. The family looks for someone to blame. The lawyer looks for a situation to exploit. The doctor is hauled before a jury of his “peers”. With the help of the lawyer the jury sympathizes with the suffering patient or grieving family. Jury awards to the plaintiff because they think that the big business hospital or the doctor’s malpractice insurance will cover the costs. The only defense for a doctor is to testify “hey, I tried everything.”

Lets not even go into the completely unfree market system that determines how lawyers are paid.

I just want to know why my pediatrician friend has to spend about 150K per year for malpractice insurance.

You’re carefully hiding the ball. What you neglect to mention is that 90% or more of lawsuits are settled out of court — usually because it is cheaper to pay off the scum-sucking bottom feeder and her client than to pay all the back-scratching lawyers on both sides thru discovery, motions, response to motions, and trial, even IF you win.

And the idea that “frivolous lawsuits” are somehow discouraged because they are against the “rules” and are subject to sanctions? BS. No member of your club wants to derail the gravy train by actually enforcing those sanctions. You won’t win, anyway: nobody in the legal community — defense lawyers, plaintiff’s lawyers, judges, and politicians — want to open this can of worms. The current “system” works just fine — everybody in the legal community gets richer and richer, and devil take the rest of us. I mean, really — who gets hurt? Just doctors and insurance companies, right? THEY can afford it…Never mind that doctors have to pay those premiums, and the money comes from somewhere — in the prices they charge. Which is paid by my insurance (or me) — but my premiums are ALSO paid by me.

But that’s not the worst part, Jerry.

Everybody knows this: because of the abuses of your kind, it DOES NOT MATTER if you are responsible or not for the supposed victim’s claimed harm. It DOES NOT MATTER if the claim is frivolous. Once the lawsuit is filed, you WILL pay. You’ll either pay your own lawyer(s) — and lose six months to a year of your life to day-in, day-out court-related hassles, or you’ll pay the plaintiff and his lawyer.

It’s a scam. ALL lawyers are in on it — defendants’ lawyers wouldn’t have (as much) employment without the plaintiff’s lawyers, but the plaintiff’s lawyers wouldn’t have as much leverage if it wasn’t guaranteed to cost so much to hire the other side to dance thru all the twists and turns that have been set up in our so-called “justice system”. And who created all these byzantine rules — that just happen to require more and more billable hours to satisfy — all for our own good? Judges (that is, ex-lawyers) and politicians (also lawyers).

So take your self-serving CRAP about how wonderful our legal system is and peddle it elsewhere.

Sure, if a case ever actually gets to a courtroom, a plaintiff MIGHT have a shot at a fair hearing from the twelve drooling morons who couldn’t come up with a way to get out of jury duty. Unless, of course, the plaintiff’s lawyer is named “John Edwards” and channels the cerebral palsy afflicted fetus’s thoughts for the panel – “I sure hope my mom’s doctor gives her a Caesarean soon…” (Side note; the WHO says that C-sections should not exceed 15% of live births; in 2006 it was 31.1% in the US, and in 2009 it was the most common surgical procedure performed. All down to John Edwards, Esq. and defensive (“when in doubt, cut it out”) medicine caused by his 1984 case and the 60 other similar ones he argued. Never mind the hardships, and increased complications for the mothers (3.5x greater risk of dying), those extra C-sections caused. Hey — they signed waivers… Also never mind that, unlike as asserted in Edward’s and his copycat’s lawsuits, a swedish study now reports that Cerebral Palsy risk is *increased* by 80% with C-sections. But that’s ok. Lots of lawyers made lots of money.)

But leaving that aside — consider those OTHER 90% of cases, all settled out of court. Where the plaintiff — with no actual case any reasonable person would even entertain, but the help of a handy bottom feeding graduate of law skool and a broken and *complicit* legal system — basically blackmails a doctor (or his insurance company) into a payday. “Pay me now, or pay me or your own lawyer later. Pay me now is cheaper, and less hassle.”

Nice doctor’s office ya got there. Be a SHAME if sometin’…BAD…happened to it.

And the lawyers get richer.

Somehow, I doubt that’s what Madison had in mind when he wrote the 7th amendment.

You know your reaching when you have to resort to an analogy based on “landscaper malpractice laws”.

The contigency defense is a load of crap. What you fail to tel people is that over 95% of all cases get settled without going to trial. You’ll get your third. Even if you lose aroun 1% of your intake, its worth the shot considering some of those jury trials are going to win you six and seven figure fees.

There is much that can be done without tinkering with the Constitution. you referenced legal sanctions, but those are an absolute joke as are the standards for “frivolous” suits. the plaintiffs bar just scares and abuses people into settlements. I med-mal is such a problem, I assume you agree that legal-mal is as well. Why just sanctions for lawyers, why take those who make bad decsions down with million dollar verdicts? Its only fair.

Is because TV ad revenues are in the toilet. Unsold TV ad blocks are sold by brokers to these ambulance chasers and bankruptcy attorneys on a PER LEAD basis. If they get 5 phone calls from 1 ad, then they pay 5*X, where X=an agreed upon rate. If they get 50 calls, then the compensation is 50*X, and so forth. More people are turning off the trash on Television in favor of the web, and so more unsold advertising blocks are available, and thus sold to lawyers promising a hefty compensation for one’s asbestos lung damage, or medical malpractice…

I think that jerry38 has an interesting point on the “conservatism” of malpractice limitations. You have me digging into my capacity for reason to understand why it’s a conservative viewpoint, and not just a party ‘issue.’

We were busy fighting a war and keeping you safe.

Where’s the anti-war protest this weekend, by the way?

Why is that, by the way?

Answer in your next post, please.

http://www.newsbatch.com/tort.htm
Please pay attention to the date.

The Republicans have often stated that more tort reform is needed – but they get a five minute sound bite to enumerate a broad-brushed reform list bracketed by comments on 3200 or the Senate bill. And the ‘story’ isn’t the Republicans anyway, cuz the really juicy stuff is about the town halls, the money, the outrage. It’s about headlines.

And here’s some more information, good informative reading:
http://www.atra.org/

Sarah takes the oppurtunity to list one aspect at a time, explore it, and back up her statements. She owns her own stage and she made an impact. She doesn’t need a freaking ghost writer for that either. Tort reform is a topic that’s come up in my home every time the hc subject is raised, and various ways of dealing with it have been all over news. Best practices, safe harbor,caps on bs like ‘pain and suffering’ or non-economic damages, loser pays, product liability – yadda yadda yadda. There are a lot of ways to hit reform and we should hit it hard, just as we should hit fraud/abuse/waste.

bringing suit is always a gamble. stacking the deck to settle out of court is just crap. Sometimes doc’s are quacks, but speaking from the other side of the fence as a complete plebe, there are one h*ll of a lot more people ready to sue for a quick buck than there are quacks. And from what I’ve seen on the news lately, all the quacks were at MJ’s place. Apparently the light bulb went off somewhere and we’ve finally nailed that down. Duh.

Tort reform is quite do-able. It’s just kind of a buzzkill for lobbyists and ex-lawyers who now hold political postitions they campaigned for with contributions and handshakes from said lobbyists.

I agree. Although I like Kraut quite a bit, and Noonan made some points totally un-related to Palin I totally agreed with in the ‘we’ll need the best of the best’ article. She was right about that part, although someone on RS was Really Not Happy with her. She may not like Palin – who cares – but she smelled the same wind I did. We’ve got unbelievable internal issues far more important than hc, and we’ve got Iran gunning up for the Iman Mahdi, and we’ve got to get it right, fast. Having the Dems in power now scares the h*ll out of me.

She’s read Sun Tzu AND Alinsky.