tag:blogger.com,1999:blog-6337568240689378702.post6911534365892002763..comments2023-11-17T02:23:26.098-06:00Comments on A Penigma - a mystery, under a pseudonym: Tort reform - a counter proposalPenigmahttp://www.blogger.com/profile/05134413210507419937noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-6337568240689378702.post-37353126139869122062010-03-15T15:06:01.779-05:002010-03-15T15:06:01.779-05:00I think you are restating my point. No 'loser ...I think you are restating my point. No 'loser pays' unless initial screening decides against plaintiff. Then, if they decide to go to trial, they should bear cost of defendant's legal expense. This system preserves right to sue, but places plaintiff at financial risk only if they disregard panels' decision.Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-6337568240689378702.post-68101651937687443902010-03-15T14:22:38.861-05:002010-03-15T14:22:38.861-05:00Thanks Doc - I hope you'll drop by and comment...Thanks Doc - I hope you'll drop by and comment on other subjects as time goes by.<br /><br />I don't support making the plaintiff accountable for defendant court expenses because it will present a barrier to entry of legitimate claims. No one will risk a $5M legal bill to MAYBE recover malpractice reimbursement.<br /><br />I do support making the attorney and plaintiff liable for some Penigmahttps://www.blogger.com/profile/05134413210507419937noreply@blogger.comtag:blogger.com,1999:blog-6337568240689378702.post-82007302046721898882010-03-15T14:22:37.541-05:002010-03-15T14:22:37.541-05:00Thanks Doc - I hope you'll drop by and comment...Thanks Doc - I hope you'll drop by and comment on other subjects as time goes by.<br /><br />I don't support making the plaintiff accountable for defendant court expenses because it will present a barrier to entry of legitimate claims. No one will risk a $5M legal bill to MAYBE recover malpractice reimbursement.<br /><br />I do support making the attorney and plaintiff liable for some Penigmahttps://www.blogger.com/profile/05134413210507419937noreply@blogger.comtag:blogger.com,1999:blog-6337568240689378702.post-14111671454117465732010-03-15T10:49:28.277-05:002010-03-15T10:49:28.277-05:00Well done! If the players in the game were as rea...Well done! If the players in the game were as reasoned and reasonable as this post, then the medical liability crisis would have been solved long ago. I also do not believe that caps are ideal and I have never supported the British 'loser pays' provision. I completely agree that a panel or court needs to screen the cases initially. The cost for this might be shared between the 2 Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-6337568240689378702.post-86471360516970310692010-03-15T10:49:28.278-05:002010-03-15T10:49:28.278-05:00Well done! If the players in the game were as rea...Well done! If the players in the game were as reasoned and reasonable as this post, then the medical liability crisis would have been solved long ago. I also do not believe that caps are ideal and I have never supported the British 'loser pays' provision. I completely agree that a panel or court needs to screen the cases initially. The cost for this might be shared between the 2 Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-6337568240689378702.post-51877411753153664582010-03-01T16:26:33.918-06:002010-03-01T16:26:33.918-06:00Well thought out and reasoned.
One small point: ...Well thought out and reasoned.<br /><br />One small point: The enforcement using medicare/medicaid. It would be a way to force the medical profession to accept it. However, if the claimant is not on medicare or medicaid, then there is no enforcement. However, that's not necessary. It could easily be written into law that no case could be accepted for filing without having first complied ThoughtsOfEternityhttps://www.blogger.com/profile/11251280901824106670noreply@blogger.com