General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRight-wing "free hand of the market" and "work it out in the courts" are a pack of lies.
The right-wing has no problem with espousing this philosophy and then making sure the courts do not provide recourse for those who are harmed. The medical malpractice laws in Wisconsin are just another example ...
http://www.jsonline.com/watchdog/watchdogreports/medical-malpractice-lawsuits-plummet-in-wisconsin-b99290329z1-264436841.html
State caps and a $1 billion malpractice insurance fund discourage claims even in the face of apparent wrongdoing
The number of medical malpractice lawsuits filed in Wisconsin fell to 140 last year, a drop of more than 50% since 1999, court records show. Malpractice lawyers blame the decline on state laws that they say are skewed in favor of doctors and hospitals; medical groups contend that malpractice suits have declined because health care professionals have gotten better at their jobs.
At the same time, a state-run malpractice insurance fund created because of fears that medical malpractice insurance premiums would skyrocket without it has grown to more than $1.15 billion, a total larger than all the money it has paid out during its entire 39-year history.
...
Florida is the only other state with a similar ban. No such ban exists for other wrongful deaths in Wisconsin, such as those caused by drunken drivers or other negligent acts. In those types of cases, Daniels' grown children would have had every right to file a lawsuit. "The rule would not apply if you died because you were hit by a Pepsi truck or a Coke truck," said Paul Scoptur, a Milwaukee plaintiffs' lawyer and trial consultant. "To deny accountability when someone is killed is wrong."
...
Collecting on a medical malpractice claim has gotten more difficult nationwide the number of claims paid dropped 39% from 2003 to 2013. In Wisconsin, the decline was more than 66%, according to the National Practitioner Data Bank, a registry maintained by the federal government. Meanwhile, the number of issues reported to the federal database increased substantially. The issues known as adverse actions include reports of medical errors, loss of privileges and disciplinary actions. In Wisconsin there were 38 adverse action reports involving doctors filed in 2003, a figure that increased to 105 in 2013.
randys1
(16,286 posts)It is absurd to have that much in the fund while paying out as little as they pay out.
Can we have unlimited wrongful death suits where the plaintiff is asking for multiple millions for average people, no, we cant.
The system cant support that but the system doesnt really allow for that anyway, lives are valued in a formula accepted by most courts.
We need people to be able to file and collect reasonable amounts of money in short time spans.
What righty wants is unlimited access to your body thru selling you shit that might kill you without any responsibility for said product.
Doctors are a little different, medical malpractice is costly, but this fund sounds like it has way more than most insurance companies, in fact that amount of money is actually way more than I would have ever guessed to be in a fund.
treestar
(82,383 posts)It's penalizing the plaintiffs who were worst hit. A person not damaged as much gets fully compensated.
And the malpractice admittedly occurred.
It makes little sense that these laws even pass. I guess people just don't pay attention to what goes on in their states. Too busy worrying about who is President.
Scuba
(53,475 posts)I did not mention you yourself, so I guess you decided to apply it to yourself?
Scuba
(53,475 posts)shenmue
(38,506 posts)The market is made up of people and their deeds, of course.
Sunsets are natural.
The ups and downs of the market are entirely due to artificial human activities.