Deckard, I am sure you have read a lot, and your opinions do seem well- informed. But I was referring to your statement that you "fail to see how this can be any sort of victory." Well, if insurance costs go down for doctors without hurting patients, isn't that a victory? Isn't it a victory for everyone if frivolous lawsuits decrease?
nothing typical about it...everything was couched in the guise of med malpractice...but it gives the legislature far more power than that over the judiciary. again...any self-respecting conservative sees a separation of powers issue and runs from this one...but it appears to me that the legislature was bought and sold on this one. i find that very disappointing, considering i voted for most of those turkeys.
Like I said earlier in this thread....true conservatives recoil at legislation like Prop. 12. This was driven by something other than ideology.
It should come as no surprise that lawyers are smarting from the sting of this victory. Their ability to dip into the jackpot-sized awards has been severely impaired. What the voters recognized on Saturday, is that this impairment goes a long way towards lowering insurance costs and therefore makes Texas competitive in attracting talented doctors. I'd rather see that money be used as compensation for doctors who save lives, rather than a new, faster Mercedes for Jim Adler to chase ambulances in.
I don't know how many times I have to tell you that I'm not a plaintiff's attorney like that. When I represent a plaintiff, it's usually a bank suing someone for defaulting on a note. This affects my take-home not at all. I'm not a Jim Adler fan, either. But that's not the extent of this litigation. Ultimately, this is the legislature reaching into the judiciary and knocking out power...to the extent it required a constitutional amendment to allow for it. We already have limits on punitive/exemplary damages. The cap has been passed in 17 states...none have seen decreases in premiums yet. I hope you're right...but I doubt it.
You won't. I am quite positive, however, that the insurance lobbyists in Austin will be driving shiny new Mercedes by the end of the year, because they are the only people who won with Prop. 12 passing.
What a surprise! Trial lawyers and their supporters once again attempt to demagogue "big insurance" and make them out to be evil. Sadly, this forms the basis of their entire argument. Fortunately, Texas voters saw through this scheme and voted to put an end to the outrageous trend of hitting the litigation lottery. Our society is insanely litigious and it is a vicious cycle that has seriously damaged the healthcare industry. Proposition 12 will help to roll back the progress that trial lawyers and get-rich-quick artists have worked hard to manufacture. We need insurance companies in Texas to provide coverage for doctors. If the trial lawyers and liberals had their way, they would bankrupt the entire industry. No doctor will practice without insurance. They have families to support and will not risk being the target of a frivolous lawsuit which could end the career that they worked very hard to build. Proposition 12 is a wonderful victory for the State of Texas. Don't let self-interested lawyers who blindly protect their own persuade you otherwise. The time for debate is over. Voters have spoken. Prop 12 has passed. VICTORY
have you ever provided a single bit of evidence to support this crap you spew time and time again about get-rich -quick and jackpot awards? provide some FACTS and data supporting your views dude.. show me where people are sueing doctors (for no reason) and getting huge awards, and so much so that it is a problem that needed this amendment? my guess is that you cant and wont or at least show me some data showing the number of Doctor's leaving the state vs ones coming in ??? got any of that data?
hold on a second....i'll get right back to you...i'm having a serious debate with the wall right now. when it's done, i'll get back to you.
Max, I've always found it facinating that Houstonians, of all people, would think that doctors were being driven out of this state by high insurance rates. Houston has, without question, one of the top medical centers in the world. People who can afford it, and people helped by the generosity of others, come here from all over the world to have surgery and treatment. It is also one of the world's top research centers. In fact, there are only a handful of medical centers that could compete with Houston's in every aspect if you searched the planet. How is this possible? Why hasn't this been "destroyed" by the "insane mal-med rates" that Texas is "cursed" with? Because it is a bunch of BS perpetrated by big insurance companies who lost heavily in the stock market and are trying to recoup their loses on the backs of doctors. The crisis is bogus. But the big insurers got what they paid for. And large numbers of Texans are duped again.
Deckard, it has been the doctors themselves that have been pushing this just as much as insurance companies. To portray this as a scheme that doctors had nothing to do with is just false.
understood...the problem is, this isn't just about doctors. this can come about in any civil case involving non-economic damages, given the broad language in this proposition. that's why i find it to be so deceptive.
LOL! MM: This is bad. TJ: Typical response from a trial lawyer worried about losing his revenue! VICTORY! MM: I'm not a plaintiff lawyer, and my income is not tied to this. TJ: Typical response from a trial lawyer worried about losing his revenue. GLORY! MM: I'm not...listen this time...I'm not a plaintiff lawyer, and my income isn't effected by this. TJ: Ha! Just the kind of response you'd expect from a trial lawyer worried about losing his revenue! PIZZA! MM: Oh for the love of God... TJ: Praying isn't gonna get your revenue back, you greedy little lawyer. The people have ruled! Jsutince has been served! FEATHERDUSTER!
The doctors know what they are doing. They have seen their own insurance rates rise dramatically due to legal claims.
I heard that the "due to" argument being due to legal claims and due to stock market.. are there any studies showing the correlation between insurance rates and claims or stock market or factor x ?
