September 24, 2007
***Hello, HotAir Readers, feel free to look around and comment, we also have a story about envirowackos trying to get the EPA to ban air fresheners, I review the creepy Showtime series Dexter, and Newt issues a challenge to his supporters.***
The ambulance chaser suggested we need to put an end to frivolous lawsuits...yeah, Silky is saying this, SILKY EFFIN' PONY! He suggests that his fellow sharks should be barred from making more suit claims if they have a claim dropped as frivolous...
Says Silky
"I think that the bulk of the problem is created when cases are filed in the legal system that should never be filed, and the results are years of litigation and costs that are incurred by the health care provider that should not have been incurred," Edwards said. "A lot of that responsibility goes to the lawyers."
He wants to require two medical professionals to sign off on any claim before it is filed, I imagine this gets squeezed into the schedule with the mile long line of people getting their mandatory government dictated checkup. Oh, and of course he says this...
"I do want to push back some on what I think is mostly insurance company-driven hysteria because I think the reality is that the cost associated with legal cases is well under 1 percent of our legal system," the former North Carolina senator said.
Yeah, and what is the percentage of cost to the medical field, Silky?
Posted by: doubleplusundead at
10:13 PM
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Post contains 252 words, total size 3 kb.
Great! Looks like I have a nomination for the Witless Windbag of the Week award on my blog.
Tort reform works. Just ask the doctors in Mississippi.
Posted by: ConservativeBelle at September 24, 2007 10:22 PM (/v6Id)
Posted by: doubleplusundead at September 24, 2007 11:05 PM (ocHo7)
I'd also be interested in, historically, how many suits in this frivolous category would be deemed so because of the medical aspects of the cases, and how many for non-medical related aspects of the cases. Here, it seems to me, the actual medical issues would be maybe half of total issues causing them to be judged frivolous. I wouldn't be surprised if the "two medical professionals sign off" was a bone to his buddies to have warm bodies to still sue one last time if their filing is judged frivolous.
Posted by: Dusty at September 25, 2007 05:56 AM (1Lzs1)
Posted by: Attila (Pillage Idiot) at September 25, 2007 08:30 AM (ztNrs)
Posted by: doubleplusundead at September 25, 2007 12:25 PM (ocHo7)
The legal definition of "frivilous" lawsuit and the street definition are quite different, which is why it's so difficult to obtain damages against a lawyer who's filed a frivolous suit against you. In the medical arena, 70% of cases which are filed end with no payment to the plaintiff, which means they're either dismissed or dropped before reaching a conclusion. Of the 7-8% which actually reach courtrooms, the physician defendant is found to be NOT liability or negligent 81% of the time.
While all of those suits clearly don't meet the legal definition of "frivolous," I'm willing to bet that at least SOME of them shouldn't have been filed at ALL....and since it costs about $25,000 to defend a case which never reaches a courtroom, and about $90,000 to defend a court case, all those caes which shouldn't have been filed cost the system a LOT of money....it's hysterical to hear one of the worst offenders - John "I can channel the spirit of dead babies" Edwards take shots at fellow attorneys. He'd better watch it or they'll cut off his money....
Posted by: Donna at September 25, 2007 06:51 PM (ayW5K)
>"I think that the bulk of the problem is created when cases are filed in the legal system that should never be filed,
TRANSLATION:
"I got mine- the rest of you can pound sand."
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