Quote:
Originally Posted by JohnnyCap
Socialize medicine. The fact that there is a cap to discourage ambulance chasers justifies it. Is Texas really saying that the most a body part is worth is a quarter million? Deep down, I don't think any person is really worth that but that's besides the point.
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So you get a 35 year old guy earning $500k a year, and a doctor kills him thorough his negligence or gross negligence, you think his family shouldn't even get compensated for six months earnings? Why not?
Quote:
Originally Posted by LexusLover
A solution for that situation is limit attorney fees recovery on medical malpractice claims like is done now in Texas with workmen's compensation claims ..
Of course "real reform" in Texas for "frivolous" lawsuits, which was what the Texas Constitutional amendment was "originally" supposed to cure ... would be for authority given to the state court judges (as the Federal judges have) to award attorneys' fees and litigation expenses/costs to the winning party .. and in the case of a winning defending party against the PLAINTIFF'S ATTORNEY who brought the suit in the first place ... WITHOUT THE NECESSITY OF A FINDING OF "FRIVILOUS SUIT" as is now required.
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You tried to get a workers' comp attorney lately? Didn't think so. A few lawyers are still trying to do it, but very, very few. And frankly, they aren't the good personal injury attorneys.
You are already seeing the best personal injury attorneys moving into other field like large commercial litigation because so-called tort reform is hurting the value of our cases. Talent moves where the money is. Top trial lawyers are getting around $1,200/hr. at big firms and Plaintiffs' lawyers are getting offered similar amounts to assist in commercial litigation. The guys that have top practices can't take that, but lots of second tier guys are working for $1,200 - $650/hr. to supplement their injury practice.
Med mal cases are expensive. A lawyer taking one on has to be willing to front low to mid three figures in expenses. Nobody is going to do that for a capped fee. And the mediocre lawyers you're going to get for a capped fee certainly can't do that. And they likely don't have the specialized expertise to win med mal cases. Capping fees will only assure that doctors have better lawyers when suits are filed.
And I am all but certain that State Courts do have the power to sanction frivolous law suits. At any rate, I'd support that especially if they get a similar power to sanction frivolous defenses. But frivolous suits -- those that have no support either in fact or law -- are frankly very, very rare, especially since you have to have a medical doctor write a letter saying that the doctor violated a standard of care and file that letter with your suit.
That would be one of the few socialist programs I definitely would support!
