On Nov 12, 2010, at 6:57 AM, Francis Drouillard wrote:

> I recall discussing tort reform for health care, but not for product 
> liability. Not often, not even once.

You harped on tort reform as a cure for healthcare costs ills (even though the 
facts show differently, <http://tinyurl.com/mnt7zo>; California capped 'pain 
and suffering' awards at $250,000 IN THE 1970'S.); you never once mentioned 
'tort reform for healthcare only'.

How do you possibly separate tort reform for healthcare from everything else? 

Declare by fiat that lawsuits involving health care run under a different set 
of rule than any other lawsuit?

Finally, you went on and on about 'tort reform' please, tell us the details of 
such: 

do you propose a 'loser pays' scheme? (which translates to 'deep pockets always 
win') 

Perhaps forced arbitration, a' la finance, where a stacked board of finance 
professionals with deep ties to the industry decide cases (wherein upwards of 
95-98% of cases are decided against the consumer)? 

Judges ALREADY have the discretion to toss frivolous or baseless cases, plus 
extensive discretion to modify jury verdicts.

-- 
Bruce Johnson
University of Arizona
College of Pharmacy
Information Technology Group

Institutions do not have opinions, merely customs


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