So true. In most jurisdictions defense attorneys would get fired if they elected for a bench trial versus a jury. Moreover, what sense does it make to cap damages? By doing so, you punish the most meritorious cases vs. weeding out the frivolous ones which are already highly disincentived by the tremendous expense and risk involved in taking on one of these cases.
How is reforming a totally broken medical malpractice system a crummy idea? Is it right that only 2% of patients who experience injury from a negligent event ever receive compensation, or that the size of award is tied to severity of injury rather than negligence, or that doctors feel so suffocated by the system that defensive medicine costs us BILLIONS of dollars a year (if you don't believe me check out the Massachusetts Medical Society study on defensive medicine). You long defenders of a broken system need to put your biases aside and realize the harm the current system causes to patients, doctors, and the goal of improving patient safety. For a great solution, take a look at the University of Michigan's "Disclosure and Offer" program. Also let's change the standard of care to protect providers of emergency care. There are so many other solutions aside from changing the cap, put that out-dated idea aside and fix the system!
So true. In most jurisdictions defense attorneys would get fired if they elected for a bench trial versus a jury. Moreover, what sense does it make to cap damages? By doing so, you punish the most meritorious cases vs. weeding out the frivolous ones which are already highly disincentived by the tremendous expense and risk involved in taking on one of these cases.
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How is reforming a totally broken medical malpractice system a crummy idea? Is it right that only 2% of patients who experience injury from a negligent event ever receive compensation, or that the size of award is tied to severity of injury rather than negligence, or that doctors feel so suffocated by the system that defensive medicine costs us BILLIONS of dollars a year (if you don't believe me check out the Massachusetts Medical Society study on defensive medicine). You long defenders of a broken system need to put your biases aside and realize the harm the current system causes to patients, doctors, and the goal of improving patient safety. For a great solution, take a look at the University of Michigan's "Disclosure and Offer" program. Also let's change the standard of care to protect providers of emergency care. There are so many other solutions aside from changing the cap, put that out-dated idea aside and fix the system!
Reply to this commentLinkReport Abuse