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Prop 12

Discussion in 'BBS Hangout: Debate & Discussion' started by Mulder, Sep 10, 2003.

  1. Friendly Fan

    Friendly Fan PinetreeFM60 Exposed

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    the trial lawyers WISH that were true

    the lege is owned by the insurance and business lobbies. It was when Democrats ruled the lege, and it's worse now that Republicans rule it. But the doctors have always owned the Republicans, and now that means they own the lege.
     
  2. Maynard

    Maynard Member

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    this is the biggest load of smelly crap that Republicans love to throw out there. Where do you get this idea?

    There is no truth to this at all, it is all a part of the FEAR program of Republicans to wipe out all traces of compassion, sympathy, and common sense from our lives.
     
  3. Mulder

    Mulder Member

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    The legislature already passed caps on non-economic damages. It went into affect Sept. 1, 2003.

    If the medical boards would pull the liscenses of the 5% of doctors that make up the over 1/3rd of the malpractice payouts, then it would be more clear to everyone that this is an insurance company power grab.

    Lobbyists for insurance companies want to pressure the legislature into limiting awards not just for doctors, but for large corporations who are deemed negligent as well.

    Here is a (partial) list if the groups who are backing Prop 12.

    Texans for Lawsuit Reform - special interest lobby representing big construction, chemical, oil and gas companies.

    Texas Health Care Assoc - a lobby that represents large for profit Nursing home corporations.

    Texas Civil Justice League- Lobby group representing the oil and gas industry. Members include Halliburton, Conoco, and Shell Oil.

    Citizens Against Lawsuit Abuse - a non-profit orrganization that actually represents the interests of big tobacco, chemical companies, and accounting firms.

    Texas Medical Liability Trust - The largest medical malpractice insurer in the state of Texas.

    Partial List of Organizations Opposed to Proposition 12:
    AARP
    ADAPT
    AFL-CIO
    American Association of University Women, Texas
    American Civil Liberties Union, Texas
    American G.I. Forum of Texas
    ARC of Texas
    Brady Campaign to Prevent Gun Violence United with the Million Mom March
    Brownsville Firefighters Association
    Brownsville Law Enforcement Union
    Coalition of Texans with Disabilities
    Common Cause Texas
    Corpus Christi Firefighters Association
    Dallas Police Association
    Edinburgh United Police Officers Association
    El Paso Municipal Police Association
    Family Crisis Center – Brownsville
    Family Crisis Center – Harlingen
    Galveston Municipal Police Association
    G.I. Forum – Houston
    Hidalgo Adult Probation Officers' Association
    Hidalgo County Constable's Association
    Hidalgo County Deputy Sheriff's Association
    Houston Police Association
    Homeowners Against Deficient Dwellings
    Laredo Fire Fighters Association
    League of United Latin American Citizens (LULAC), Texas
    McAllen Police Officers Union
    Mission Police Association
    Mothers Against Drunk Driving—MADD
    National Citizen’s Coalition for Nursing Home Reform (NCCNHR)
    Paz y Amor Senior Daycare Center
    People for the American Way
    Retirees Council AFL-CIO
    Rio Grande Valley Policeman's Association
    Rio Grande Valley Teachers Association
    Rio Grande Valley Labor Council
    Senior Companion Program of Hidalgo County (nonprofit services)
    Senior Political Action Committee
    Sierra Club
    South Texas Organization of Police (STOP)
    Stonewall Democrats of San Antonio
    Texans for Public Justice
    Texas Advocates
    Texas Advocates for Nursing Home Residents
    Texas Association Against Sexual Assault
    Texas Assoc. Persons Supported Employment
    Texas Black Bass Unlimited
    Texas Civil Rights Project
    Texas Council on Family Violence
    Texas Eagle Forum
    Texas Families for Children's Mental Health
    Texas Federation of Teachers
    Texas Mental Health Consumers
    Texas NAACP
    Texas Public Interest Research Group
    Texas Public Citizen
    Texas Watch
    Texas Welfare Reform
    The Gray Panthers
    The Older Women’s League (OWL)
    United Farm Workers (UFW)
    We Will Not Forget SAJE
    Weslaco Law Enforcement Association
    Women’s Shelter of East Texas
    Women Together Foundation

    I'm inclined to believe the second list as opposed to the corporate interests, but I'm just a Yellow Dog Dem...
     
  4. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    What a joke. Let's see whose support do I most desire on the issue of saving our healthcare system:

    The Sierra Club
    The NAACP?
    The Gray Panthers?

    or

    DOCTORS

    This is not a hard choice.
     
  5. RocketMan Tex

    RocketMan Tex Member

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    The biggest joke of all is that Prop 12 flies in the face of true conservatism, yet the conservative wing of the Republican party is behind it hook line and sinker. Someone who adheres to conservative ideology rather than blind allegiance to the Republican party would be against Prop 12, and I know many who are.
     
  6. GladiatoRowdy

    GladiatoRowdy Member

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    This guy is a nobody compared to the guy who you compared to Barbara Streisand the other day.

    http://bbs.clutchcity.net/php3/showthread.php?s=&threadid=64203

    I guess that a guy based in Waco who worked at Baylor and SMU is ever so much more qualified than Paul Krugman, who is a PhD economist and is a professor of economics AND international affairs at Princeton, for crying out loud.

    Your sourcing needs some work.
     
  7. Maynard

    Maynard Member

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    sigh

    so now this Prop 12 has ballooned into "saving our healthcare system" ?

    what a bunch of crap

    how about we put forth a realistic Prop that actually will help the Doctors and patients:

    -> putting caps on the amount of money drug companies can charge for prescription drugs
     
  8. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    Show me Paul Krugman's analysis of Prop 12 and then perhaps you have a relevant comparison. Oh, you don't have Paul's analysis? Then I'm sorry, but we will have to dismiss your comparison as irrelevant.
     
  9. Mulder

    Mulder Member

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    It's NOT NOT NOT just about doctors. We are talking about the limitations that anyone can sue corporations for as well.

    You wanna save doctors? Then we need to limit the amount that INSURANCE COMPANIES can charge doctors for malpractice insurance.
    Also we need to make sure that the TMA pulls the liscence of crap doctors who get sued and lose multiple malpractice cases.

    Do you SERIOUSLY think that the insurance company is going to lower malpractice insurance rates if this bill passes? You are kidding yourself.
     
  10. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    Yes I do, and so do all of the DOCTORS that intend to vote Yes on Saturday.

    If you take this drastic action that you are advocating against the insurance firms, they will up and leave the state. If this were to occur, there would be *very* few specialists willing to practice in Texas, which would DESTROY our healthcare system. If you do not think that the economics of practicing medicine impacts the quality of doctors that choose to practice in Texas, then you are DEAD WRONG.

    Save our healthcare system. Stop runaway juries from awarding Jim Adler's clients with lottery-sized jackpots. These jackpots are crippling the doctors that our children will one day need.
     
  11. GladiatoRowdy

    GladiatoRowdy Member

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    No, there are shades of grey even in this.

    ...and who pay less than 3% (on average) of their revenues for insurance in case they destroy someone's life.

    Get out of here with your empty catch phrases. Trial lawyers need to be limited. If it were up to me, the lawyer would get around 10% if that. The point is that this amendment is not the best way to reform the system.

    I support doctors, but I also support the right for a judge to limit what a jury award much more than I trust the legislature. Politicians will use the power for politics and people will suffer.

    Puh-leaze. Litigation is not a lottery. My wife saw her father die of leukemia from washing his hands with benzine every day for 30 years at Dow Chemical. They didn't even get a hearing despite having a (company) doctor who detected anomalies in his blood work ten years earlier.

    Litigation is not a lottery, judges ultimately have the power. Appellate courts set aside judgements all the time. If a verdict is too high, it gets set down. And it takes a lot more than a baseless claim to beat a big corporation or an insurance company in court.
     
  12. Friendly Fan

    Friendly Fan PinetreeFM60 Exposed

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    Jim Adler is a no-talent Azz Clown. He couldn't find the courthouse with a map. He's a marketer who signs up cases and has an army of people to work and settle them. Most of his cases are at the shallow end of the dollar pool.



    his clients don't win the lottery.
     
    #72 Friendly Fan, Sep 10, 2003
    Last edited: Sep 10, 2003
  13. Mulder

    Mulder Member

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    TJ,

    I'm just curious. It may help me understand your point of view.
    Do you work in the medical field?
    Do you personally know a lot of doctors?
    Do you know what the supply / demand or application / acceptance rate to medical school is these days?
    Do you know what the requirements to go to Medical School in Texas are?
    Are you aware of the programs out in there in Texas universities to ensure that the best and brightest get into Texas medical schools are?
     
  14. Mr. Clutch

    Mr. Clutch Member

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    Please explain how this bill amendment is not conservative.
     
  15. Mr. Clutch

    Mr. Clutch Member

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    How the heck do you limit the amount insurance companies can charge? It is a free market. If you limit the amount, then you will simply have uninsured doctors. That is crazy.

    You keep mentioning the TMA pulling licenses, do you really think this will solve the issue? How many bad doctors are there?

    While they may not lower insurance rates, costs will be kept under control. That has been proven where this law is in effect in other stats.
     
  16. johnheath

    johnheath Member

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    There are ALOT of bad doctors out there. We would be far better off confiscating doctor's licenses than turn the separation of powers component of our government on its metaphorical head.
     
  17. Pipe

    Pipe Member

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    You basically cut your own argument off at the knees. The problem is not occasional jackpot jury awards (which are like lightning strikes), but the multitude of everyday frivolous suits filed in the hopes that the plaintiffs can shake down the doctor/insurance company so they don't have to pay the "ten of thousands of dollars" defending the frivolous suit in the first place.

    These frivolous suits are seldom the ones that end up with the jackpot jury awards, so Prop 12 does nothing to solve this problem. Some kind of loser pays system would be a better solution.
     
    #77 Pipe, Sep 10, 2003
    Last edited: Sep 10, 2003
  18. El_Conquistador

    El_Conquistador King of the D&D, The Legend, #1 Ranking

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    Pipe, that is not my quote.
     
  19. GladiatoRowdy

    GladiatoRowdy Member

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    Never thought I would say this to you, but I agree fully. I am glad to see that some conservatives can see through the BS that both sides are throwing out there.
     
  20. Friendly Fan

    Friendly Fan PinetreeFM60 Exposed

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    my conscience requires me to speak, even if it is in defense of the dang doctors.

    the 5% of the doctors causing 33% of the losses is NOT surprising. that's because 2/3 of the doctors don't DO things that will get them sued for much. As in every field, some are more risky than others. Child Birth and surgery, for example, are where momentary lapses of good skills can result in a castastrophic loss.

    You can't get rid of the 5% or you would lose many good doctors. A guy makes a mistake, and it's negligent. Someone else suffers horribly. Isn't this exactly what we want insurance to do, to make it right by paying the hurt guy? You can't get rid of a doctor because he makes a mistake, cuts something he shouldn't have, doesn't recognize a symptom he should have.

    I'm all in favor of limiting punitives, but let's award attorney's fees to the plaintiffs who win. That would allow us to create an alternative to the current contingency fee system, which I have trouble with, too.
     

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