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AMERICAN CONSERVATISM IN 2008 AND BEYOND

 
 
Rockhead
 
  2  
Reply Wed 30 Sep, 2009 11:44 am
@maporsche,
you can be juvenile about it, or accept his well meant point.

whom do you think has more knowledge here, MAP?

I for one would like to hear more from a point of view backed by knowledge...
maporsche
 
  1  
Reply Wed 30 Sep, 2009 11:46 am
@Rockhead,
His point that because I thought tort was an acronym that it stands to reason that maybe I don't understand what tort is at all?

I should accept that illogical conclusion? Talk about a leap.

I'm not claiming to be more knowlegible than anyone else here (please point out where I made this claim). I'm simply asking questions; questions that I think are important to know the answers to before making a decision.

I'm trying to LEARN. Your input here has been invaluable in that regard.
Rockhead
 
  1  
Reply Wed 30 Sep, 2009 11:49 am
I realize this particular discussion is a silly place to preach thinking before posting, but oh well...
0 Replies
 
maporsche
 
  1  
Reply Wed 30 Sep, 2009 11:49 am
At best it shows little examination on what the word 'tort' means or what it's origin is.

I understand what tort reform means and refers too.
joefromchicago
 
  1  
Reply Wed 30 Sep, 2009 11:50 am
@maporsche,
maporsche wrote:

His point that because I thought tort was an acronym that it stands to reason that maybe I don't understand what tort is at all?

I should accept that illogical conclusion? Talk about a leap.

That wasn't an illogical conclusion. As you yourself admitted, it was the correct conclusion.
Rockhead
 
  1  
Reply Wed 30 Sep, 2009 11:50 am
@maporsche,
i'll not ruffle your feathers any more, i have things to do.

play nice...
0 Replies
 
maporsche
 
  1  
Reply Wed 30 Sep, 2009 11:51 am
@joefromchicago,
joefromchicago wrote:

maporsche wrote:

His point that because I thought tort was an acronym that it stands to reason that maybe I don't understand what tort is at all?

I should accept that illogical conclusion? Talk about a leap.

That wasn't an illogical conclusion. As you yourself admitted, it was the correct conclusion.


Oops, you caught a typo. Let me rephrase.

Quote:

His point that because I thought tort was an acronym that it stands to reason that maybe I don't understand what tort reform is at all?

I should accept that illogical conclusion? Talk about a leap.
Foxfyre
 
  1  
Reply Wed 30 Sep, 2009 12:02 pm
@maporsche,
Quote:
maporsche wrote:

Gosh, you're so much smarter than stupid 'ole me.

You're right of course. I don't have a clue what tort means. Nor do I even know what is a grammatical error vs a capitalization error is. I'm shocked that I can even figure out how to turn this crazy computer on.



You had a clue. You knew it had something to do with malpractice, and that makes you smarter than half the people here.

TORT - A negligent or intentional civil act that does not arise from a contract or statute. Tort can be intentional or a result of negligence.

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones though both criminal and civil statutes may apply. For instance when O.J. Simpson was aquited in criminal court, he could still be and was sued for the same 'tort' in civil court and he was found guilty.

Tort is adapted from the Latin word tortus which means wrong.

In healthcare practices, doctors can be sued from everything from failing to prescribe a medication. failing to notice an existing symptom, not ordering a test, complications arising from a procedure that might possibly could have been averted, delivering a less than perfect baby, or any manner of hundreds of other things that can happen in the practice of medicine. Most malpractice suits are ruled in favor of the doctor or other medical provider when no negligence is proved, but the doctor and/or medical provider (or their insurer) can still sustain tens of thousands in legal costs fighting the claims.

Rather than sustain those legal costs or get stuck with million dollar verdicts via ignorant juries, many insurance companies will settle on an agreed amount out of court. Tort reform that assists with the legal costs in frivolous suits and/or caps jury awards for all but gross negligence gives insurance companies incentive to fight more claims meaning that generally far fewer frivolous claims will be filed at all. That of course means that malpractice premiums can be reduced and medical providers are less reluctant to practice medicine in those fields at higher risk for malpractice suits.


maporsche
 
  1  
Reply Wed 30 Sep, 2009 12:05 pm
@Foxfyre,
I knew all of that before you posted it...I just didn't know what the WORD tort specifically meant or what it's root was.

I understood what people meant when they spoke of tort reform. I don't think I'm too ignorant.
Foxfyre
 
  1  
Reply Wed 30 Sep, 2009 12:07 pm
@maporsche,
maporsche wrote:

I knew all of that before you posted it...I just didn't know what the WORD tort specifically meant or what it's root was.

I understood what people meant when they spoke of tort reform. I don't think I'm too ignorant.


I don't think you're ignorant at all. Just wanted to head off ten pages of posts accusing you of ignorance over the definition of one word.

I also intended, again, to illustrate the benefits of tort reform, how it can and does reduce overall healthcare costs, and why it should be part of the debate if our intent is to make healthcare more accessible and affordable to more people.
maporsche
 
  1  
Reply Wed 30 Sep, 2009 12:09 pm
@Foxfyre,
Foxfyre wrote:

I don't think you're ignorant at all. Just wanted to head off ten pages of posts accusing you of ignorance over the definition of one word.


Oh, that's the SOP over here at A2K; it will happen anyway. Thanks though.




Here let me give the vultures what they want.

"I'm sorry. I made a mistake. I am less-smart than all of you. You all are winners. I lost the fight."

Ok, maybe that will shut them up and allow them to focus on the important issues.
Walter Hinteler
 
  1  
Reply Wed 30 Sep, 2009 12:09 pm
@Foxfyre,
Foxfyre wrote:

Tort is adapted from the Latin word tortus which means wrong.


You might be taught and have learnt Latin differently, but generally it is thought here that tort is the past participle of torquere = to twist.

(Wrong would be falsus/falsa/falsum.)


I'd thought that in common law tort law is the law relating to private civil wrongs? No?
0 Replies
 
parados
 
  1  
Reply Wed 30 Sep, 2009 12:14 pm
@maporsche,
Tort reform doesn't eliminate law suits and doesn't eliminate liability insurance. It only sets a maximum limit for damages.

My understanding of tort reform is it won't affect actual damages but only will reduce punitive damages.
http://www.facs.org/acspa/defineterms.html
It looks like they also want to restrict damages for pain and suffering.
I don't know of any cases that award millions for "pain and suffering".

It looks to me like tort reform will at best reduce costs by a small percentage of the overall cost, maybe 25% at most. The argument that lawsuits etc are a portion of the costs ignores the fact that they will always be a cost and reducing them by 25% has almost no effect on the cost of medical care. You would probably reduce the cost more by restricting aspirin charges to $1 per dose for those in the hospital.
0 Replies
 
Setanta
 
  3  
Reply Wed 30 Sep, 2009 12:16 pm
Not only has Ican not "backed off" the claim that tort reform will reduce health insurance premiums, he has continued to argue that it is, essentially, "just common sense." Now Okie is attempting to make the same argument, but he is talking about health care costs, and not health care insurance premiums. Fox has also made the claim that tort reform will reduce health insurance premiums, which is how this entire idiotic discussion got started.

Tediously, i will point out again that health insurers negotiate fee schedules with health services providers. It is for that reason that a reduction in the cost of a doctor's liability insurance very likely would have no impact on the cost of health insurance premiums, because the health insurer will pay the same fee without regard to the costs to the health services provider.

Maybe tort reform would, eventually, reduce doctors' fees, although i doubt it. See once again the reference to capitalist bottom line 101--when people can get any certain amount of money for a service, and then are able to reduce their costs to provide the service, 999 times out of 1000, they will pocket the difference--they're not going to pass it along to you. Once again, there is almost no competition in the health insurance business, because they're all negotiating their fees on the same basis, and they are often paying the lowest fee they can negotiate which still doesn't lose them money. They don't make their money off your large group premiums--they make their money off the small group premiums, and they make their money off self-insured individuals, but more than anything else, they make their money carefully investing the premium payments before they are obliged to pay their own creditors. Insurance companies make the lion's share of their profits from their investment portfolios, and they have little room to reduce premiums. With health service providers, with auto body shops, with mechanics, with home renovation companies--with a host of service providers insurance companies have negotiated the fees they will pay, and they don't give a tinker's damn what costs those providers pay. By the same token, if a service provider can reduce his or her costs, they sure as hell aren't going to pass it along to the insurance companies, nor to the individual private customer.

What is alleged to be common sense has absolutely nothing to do with functional capitalism, which always seeks to reduce its costs and maximize its profits, and the customer be damned.
0 Replies
 
FreeDuck
 
  1  
Reply Wed 30 Sep, 2009 12:20 pm
@maporsche,
maporsche wrote:

Fair enough.

Also from your article though.
Quote:
But not one of the hospitals or doctors interviewed for this article said they are cutting the prices they charge to patients or health insurers. Instead, they're reinvesting the savings in more and better health care.

For example, Denison-based Texoma Healthcare System, a 263-bed, five-facility system near the Oklahoma border, gave nurses a 17 percent raise, to $21 an hour from $18, chief executive Mackey Watkins said. This was to attract nurses during an ongoing national shortage.


I don't necessarily think that re-investing the profits that doctors and hospitals are making back into improving health care is a bad idea.

It's not a bad idea, but it flies in the face of those on this thread who claim that lower prices from doctors (and the supposed lower prices from insurance in response) were only a logical and inevitable result of lower malpractice premiums.
0 Replies
 
FreeDuck
 
  3  
Reply Wed 30 Sep, 2009 12:27 pm
@joefromchicago,
Here, I cut out the part that hurts feelings so we can look at what Joe said. I think it worthy of attention.

joefromchicago wrote:

As it is, I see a lot of discussion about whether tort "reform" would lead to lower health care costs without any discussion whatsoever about whether tort "reform" has any intrinsic merits. In other words, is there any good reason to limit malpractice awards apart from the possible affects on health care costs. After all, if all we wanted to do was lower health care costs, there are much better and more direct ways of doing it than putting a cap on malpractice awards. Yet I don't see anyone here arguing that putting a cap on malpractice damage awards is something worthwhile in itself.

As with many other Republican "reform" measures, tort "reform" focuses on a remote cause in the hopes that the benefits will "trickle down" to those who the "reform" is ostensibly intended to help. As David Bonior once said: "Republicans think that the best way to feed the birds is to give oats to the horse." I remain unconvinced that malpractice liability caps do much to cut the costs of health care to the consumer: the facts simply aren't there. I am, however, persuaded that liability caps are a boon to insurance companies and doctors, while they are an additional burden to the already injured victims of medical malpractice.
McGentrix
 
  1  
Reply Wed 30 Sep, 2009 12:45 pm
@FreeDuck,
FreeDuck wrote:

Here, I cut out the part that hurts feelings so we can look at what Joe said. I think it worthy of attention.

joefromchicago wrote:

As it is, I see a lot of discussion about whether tort "reform" would lead to lower health care costs without any discussion whatsoever about whether tort "reform" has any intrinsic merits. In other words, is there any good reason to limit malpractice awards apart from the possible affects on health care costs. After all, if all we wanted to do was lower health care costs, there are much better and more direct ways of doing it than putting a cap on malpractice awards. Yet I don't see anyone here arguing that putting a cap on malpractice damage awards is something worthwhile in itself.

As with many other Republican "reform" measures, tort "reform" focuses on a remote cause in the hopes that the benefits will "trickle down" to those who the "reform" is ostensibly intended to help. As David Bonior once said: "Republicans think that the best way to feed the birds is to give oats to the horse." I remain unconvinced that malpractice liability caps do much to cut the costs of health care to the consumer: the facts simply aren't there. I am, however, persuaded that liability caps are a boon to insurance companies and doctors, while they are an additional burden to the already injured victims of medical malpractice.



Well, lets give it some attention then.

As part of the health care reform agenda, tort reform would seem to be a logical inclusion. By itself, it is certainly no magic bullet, but as a part of the whole, it would seem to make sense that it would lower costs.

What are costs for health care these days? Doctor education, medical supplies, drugs, drug research, office supplies, office staff and training, liability insurance, malpractice insurance (not sure if they are one in the same), medical coding specialists, specialized equipment, etc... these costs all have to be covered.

So, if we had national tort reform, Dr's would pay less for liability/malpractice insurance. As a part of the whole, that will bring down the cost of health care. By itself, it will do so very little, but combine that with lower drug costs, less expensive medical equipment, government provide training, etc, health care costs will drop more dramatically.
wandeljw
 
  1  
Reply Wed 30 Sep, 2009 12:49 pm
@maporsche,
Please stop with the tirades, maporsche.

This discussion started with you lecturing all of us about confusing your position with ican's position.

Joefromchicago asked why you capitalized each letter in "tort" to clarify what your position is.
joefromchicago
 
  2  
Reply Wed 30 Sep, 2009 12:53 pm
@McGentrix,
McGentrix wrote:
As part of the health care reform agenda, tort reform would seem to be a logical inclusion. By itself, it is certainly no magic bullet, but as a part of the whole, it would seem to make sense that it would lower costs.

So, in other words, tort "reform" isn't worth doing except for its possible effects on health care costs.

McGentrix wrote:
So, if we had national tort reform, Dr's would pay less for liability/malpractice insurance. As a part of the whole, that will bring down the cost of health care. By itself, it will do so very little, but combine that with lower drug costs, less expensive medical equipment, government provide training, etc, health care costs will drop more dramatically.

Well, that's rather like saying: "by itself, my lucky rabbit's foot won't get me to the top of Mt. Everest. But if I train extensively, buy the right equipment, and hire the right guides, and I bring along my lucky rabbit's foot, I can get to the top. So it's a good idea to bring along my lucky rabbit's foot." I suppose one could make that argument, but then I doubt a rabbit would.
parados
 
  2  
Reply Wed 30 Sep, 2009 12:58 pm
@McGentrix,
Quote:
As part of the health care reform agenda, tort reform would seem to be a logical inclusion. By itself, it is certainly no magic bullet, but as a part of the whole, it would seem to make sense that it would lower costs.

why would it make sense?

I think we can all agree that the Dr's insurance should pay any actual costs associated with a mistake, don't you?

Actual costs include the costs of fixing the mistake or caring for the person if the mistake is of such a nature that the person is injured for life.

That leads us to where you think there is room to change tort law. Shouldn't lawyers be paid for their work? Unless you are willing to restrict the amount an insurance company can spend on its lawyers there is no level playing field if you restrict what the plaintiff's lawyer can spend.

How about we have a pool of low paid lawyers that Insurance companies are required to use for their defense? That will surely reduce the costs of litigation, don't you think?
0 Replies
 
 

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