AP Poll sahows most Americans support curbs on malpractice lawsuits. How could congress limit lawsuits without making it impossible for people who have very legitimate claims to recover? See LINK:
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Jim in a Nautilus COAT
ANSWERS: 2
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I believe there should be a screening procedure to determine whether a malpractice claim has merit before it is permitted to go to suit. An independent panel represented by a members of the medical community, legal community, and judiciary could determine whether a doctor or hospital followed or deviated from accepted medical practice; whether or not an error was committed within the discretionary standards used to treat a patient for a particular condition; and whether or not there is a causual connection between the treatment and the injury. If a claim is found to have no merit it should not go to suit. If there is a legitimate issue on the merits, it should go to suit. With respect to awards, pain and suffering should be capped, i.e, $250,000 or $500,000. Economic loss for out of pocket medical costs, past and future lost earnings, and expenses for future custodial care should not be capped. However, the Court should be permitted to review a verdict and reduce it or set it aside where it is excessive or not supported by the evidence.
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lawyers are separately awarded % from judge / jury not tied to patient award. patients only get damages and pain and suffering awards. community chest receives punitive damages. while law suits are 1% of health care costs, doctors practicing defensive medicine to avoid lawsuits costs 14% - imagine, if we could save that $350 billion a year we could pay for public education twice over!!!
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