Interesting, max....thanks for your time. What do you suggest? Should these caps be abandoned and we should just let the 'chips fall where they may??' Or should the doc's unite against the insurance co's? Exactly how? And on what grounds? Maybe legislate what insurance the co's have to provide and at what price?? Not sure that idea will fly. Or that it's one i like.
I think that this is completely overdrawn. Where is the outcry? Theoretically, it may seem like a slippery slope, but is it true that this type of system has been in place in California for 25 years. Where are the injustices to the civil liberties that are purported to occur? In fairness, I understand that this type of system did not and does not work well in Cali, why would it work for us? I agree that there is no way to decide how much someone's life is worth (monetarily speaking). Maybe a standardized amount based on impairment? However, the 'old' system was broken as well. I saw some studies awhile back that showed similar cases that had different monetary awards that showed significant differences based on victims' race and county etc... Thats silly, you know as well as I do that there are companies with "expert witnesses" for sale that will testify to any standard of care the trial lawyer wants. There is no black and white standard of care guidelines or else you would not need 7 years of training to practice Emergency medicine. Although I agree that the over encompassing amendment may be to broad, I think that this may be built in to protect our emergency rooms. It seems like it would be easy pickings to claim malpractice on all ER docs that have bad outcomes.
I think more interesting amendments have been made in Florida than the ones in Texas. I believe there is a 3 strikes against doctors, 250K cap and fee schedule cap for trial lawyers. I'm interested to see how these amendments will work and if these types of amendments will be in the future of Texas law.
jcantu -- we don't have huge disagreements on much here, other than the ER thing. again...it is no longer good enough to go get other ER doctors and say, "hey, what would ordinarily be done here in order to take proper care of the victim?" that question is out...because ordinary negligence is out. gross negligence is a ridiculously tough standard to ever meet. and it will absolutely diminish care at ER's.