Democrats and Republicans alike are refusing to address THE most important reform aspect of healthcare--tort reform! Why? Because lawyers rule in Congress , and they aren't going to do something to take money away from the law profession unless they are forced to do so! Meanwhile each doctor, depending on specialty risk category, has to pay hundreds of thousands or millions for malpractice insurance annually! Ever wonder why many surgeries and procedures cost so much they will break a person without insurance? This is the reason! Add Medicare fraud plus pro bono treatment for illegals,and prohibiting of insurance purchases across state linesa nd your insurance costs and co-pays are through the roof. The protest movement needs to DEMAND action on this, then start targeting lawyers in Congress who are refusing to address the tort reform issue. We will face the public option again soon if we can't correct this easy-to-fix problem. Liberals don't want this easy fix because then we won't need their hard, socialist fixes! We cannot rest just because another Republican lawyer was just elected! Call your Congressman and Senators now. Our future as a free republic obviously depends on it!
You are probably right. However, the federal government is going to force something on us in regard to healthcare. Their reason is high and escalating costs, and they think they can lower them. The biggest cause of high, escalating costs is the multiple million dollar awards to people due to errors/malpractice. So how do you get the states to all pass tort reform? If we do not somehow place limits on these tens of million dollar lawsuits (as well as control fraud and illegals) then we are going to get the public option thrown at us again as a remedy. Guraanteed! If the states are the ones that should do tort reform, then why aren't they doing it NOW?!!
OK, I understand what you are saying and I agree Congress will continue to try to force this mess on us. I just think we can't complain about Congress forcing its will on the States, then ask them to force their will on the States regarding tort reform. Can't have it both ways!
Why aren't the States doing it now? You said the magic words in your initial post. Just as lawyers inhabit Congress, there are lots of lawyers in state legislatures, too.
Jim
I agree totally with you that it SHOULD be the states. But we have strayed so far from the 10th Amendment that I can't see the federal government or the courts saying, "Oh, sorry, we have taken some of your states' rights away for the past 60 years, so now we are going to give those back to you!" They don't have the respect for the Constitution in them to do that. So we withold federal tax money that is supposed to go for healthcare. They then drive their tanks up the capitol steps and arrest the governor without a shot being fired, and say, "Who's next?" And the answer is: Nobody! A federal cap on lawsuits against doctors/hospitals is the practical answer to prevent the public option from coming back, and Congress either does it or the protest movement targets EVERY lawyer for defeat who won't support it.
I think that the recent election of Scott Brown was just the first tentative step toward waking up the corrupt pack of rats in D.C. Most of us who have had to deal with corrupt lawyers (and if you've had to deal with a lawyer, you've met a corrupt one more than likely...) understand what you are saying here. The most serious class in law school must be "Creative Billing 101."
The only professional group more despised may be Conress itself.
Okay... my rant against lawyers is finished for now. I suppose I've know one or two decent lawyers. I know one who quit the profession because she was horrified at the crookedness of the firm she was in. Let's see? Was there another? Hmmmmm.....
We definitely need tort reform. And we definitely need fewer lawyers in Congress. Or, in support of the Kick Them All Out Project I might add that we at least need DIFFERENT ones. Kick a few out and the ones who are left really might start paying attention.
I sense a bit of frustration in some of these postings with the legal profession. While I can understand that, I caution all to keep an open and objective mind about all people who want to join your group. I have been appalled at several groups who aim to throw all lawyers out of the legislature: may I offer some perspective on this?
I had no interest in politics at all until I went to law school. It was while studying Constitutional Law that I developed a deep and abiding love for what this country means, and HUGE respect for the founders. It lead me to find a part time job teaching government at a local community college, just because I found I wanted to share what I had learned.
Tort reform faces the same challenges as any attack on groups feeding at the government trough. Just as those of us who are conservative bristle at the loss of our freedoms, and the theft of our tax dollars, the trial lawyers protect their source of income and freedom. So do the teacher's and government employee unions: is there a call to eliminate all teachers from the legislature?
Lawyers of all kinds are drawn to the legislature because we learn very quickly how bad laws impact our clients. I keep on my desk a set of the 1961 Oklahoma Statutes, contained in two volumes. These sets are issued every ten years, and my last set, for 2001, was in seven volumes. Non-lawyer legislators often advocate and pass bills that are unnecessary, ill-drafted, or downright harmful because they want to please a particular constituent, not to say that lawyers DON'T do that, but they are better aware of the impact laws will have.
Tort reform is easy. All we need to do is adopt what is called the "English Rule" for attorney fees, which means that loser pays. We have the "American Rule", which means that if you sue in tort cases and lose, there is no risk that you have to compensate the other side for the costs they incur. Malpractice reform, all the stuff being done today by NONLAWYERS who don't understand the system, is just nibbling around the edges. Until we provide a disincentive for tort litigation, it will continue unabated.
I am not a lawyer, nor do I know much about tort reform. I do believe tort reform is necessary, so please don't think I'm trying to diminish anyone's opinion on the topic.
I have a question, though. Isn't tort reform more properly an issue to be decided at the state level than at the federal? Malpractice cases are usually dealt with in state courts, are they not? Therefore, is it not more appropriate for the States to control this issue. If we ask Congress to involve themselves, aren't we asking that they involve themselves in State issues that they properly have no part to be in? Please help understand this issue. If I'm wrong, I really want to know where I'm "missing the boat!"