Re: [QUAD-L] cnbc's poll today

[Sherry]

it isnt taken as any offense at all...!   Nor should mine be...debate is intended to exchange views...its not a slight to anyone..nor do I take it as such. ..    But...I did say 'make it to court'  if it has been thrown out...it didnt make it :)   There are a couple states, yes which because of joint and several liability  (another issue) SOME bad attorney's will  name doctors with a carte blanche when filing...however as the process goes..they are eliminated.     BUT, there is also recourse for attorneys that do this...three strikes and disbarred. It is pure bad business for the attorney when he has to front all the costs as well..he isnt going to put our his money and labor for something he wont win.   As far as it driiving up the costs... < 1% of  doctors insurance funds goes to cover malpractice suits.   it is odd, most doctors still consider that any suit filed, is frivous  ( egads..they couldnt have done anything wrong)   As fr as driving up the costs? The insurance companies do that by playing all sorts of legal manuenvers to not only wear down the victim, exhaust his attorneys funds , etc..in order to save  a buck..it behooves them to spend an extra 100k to make a case last /take over 5 years..coz they can benefit from keeping the money that much longer.   Also, you never hear of settlements with hush orders..as I refused mine.   there is much much to be researched on this, I would just suggest some fact checking..on both sides..dig a lil deeper than the propaganda.           ----- Original Message ----- From: B. Kimberlin To: Sherry Sent: Friday, January 07, 2005 3:30 PM Subject: Re: [QUAD-L] cnbc's poll today This is not meant to offend. Opinions can and should be offered, but to suggest that no frivolous lawsuits EVER get to court is illogical. If I can find just one lawsuit which made it to court and was later thrown out for frivolous reasons entirely invalidates your argument. In fact, I could cite one right now, without even thinking too hard, but I cannot remember the actual case name. It was eventually thrown out, but the expense incurred was considerable. I'm not na�ve enough to truly believe this is the sole reason why insurance rates are going up and after looking at my e-mail it does appear I oversimplified it and may have misstated my position. I know the primary reason the insurance rates are going up is due to profits. I was not wanting or do I want to engage in a debate. I agree with almost everything you stated in your e-mail. I simply offered an opinion. I understand you might have a reason to be upset as well as many others, but try not to attack someone who is simply offered an opinion. Sherry <[EMAIL PROTECTED]> wrote: Well yall...Hey.    I  didnt want to  start a debate here, but I assure you, should you check facts and not propagana thrown out there  by the AMA and insurance lobbies, you would know 1)   There are more doctors now per capita than ten years ago.   Are some of them moving? Yes..why? Good old competition.   How much money does a doctor stand to make in a very rural setting, as opposed to a bigger city/hospital?    When you need medical care,  or tests,  I bet you head to the best facility around. Not the mom and pop 2 horse hospital.   2) NO  ..I repeat NO frivoulous Medical malpractice suits EVER make it to court.  IF an attorney happened to file one which is deemed 'frivoulous" there are countless obsticles which prevent it from ever seeing the light of day.   Several federal Senators had even posed bills to address the filing of frivoulous med. mal lawsuits, but the AMA wouldnt have anything to do it ( nor the insurance lobby) as it didnt line their pockets.  (see the graham durbin bill for one)   3)  Yes the doctors insurance rates are skyrocketing... WHY? As reported to congress by the insurance lobby, "less the projected profits)  One Med mal insurance company anuals came out and a 37 million profit, wasnt enough.   The insurance companies also set up 'litigious zones"    ONE negligent doctor has a suit filed agasint them..(like the doctor who decided to use a screwdriver in place of  rods on someones spine) And ALL the doctors in the area rates go up. As it is now deemed a 'litigious zone"  ..Funny..it's not the negligent doctors fault.. its the citizens who live there.     NO state that has passed a cap has the docs insurance rate gone down.  Ca now has legislation to repeal theirs, as has been touted,  a child died because of a doctors  extreme neglience and the family couldnt even file a case.   HOWEVER, what did help rates was the Ca passing of prop 103,  (years after caps)  WHich proves , Insurance reform, NOT tort reform.   You as a disabled person, would have no recourse to file a case if the doctor say decided to remove your lung instead of your toncils...mmm how caring of people is a doctor going to be that isnt getting reimbursed by the patients insurance company or medicare..AND the patient will not be able to sue?   ANyway..I would suggest some fact checking before opinions are made based on pablum.   ;) Sherry       ----- Original Message ----- From: B. Kimberlin To: quad-list@eskimo.com Sent: Friday, January 07, 2005 12:41 PM Subject: Re: [QUAD-L] cnbc's poll today Elimination of frivolous lawsuits is the key. Billy from Tampa C2-3 9 years post Stacy Harim <[EMAIL PROTECTED]> wrote:     Insurance rates are going so high for all doctors because of the law suits.  I don't think that is fair.  I think it should be only the doctor that performed mal practice.  Here in Maryland, we are losing many of our doctors because of the insurance rates.   Stacy Do you Yahoo!? Read only the mail you want - Yahoo! Mail SpamGuard. Do you Yahoo!? Meet the all-new My Yahoo! � Try it today!