We've gotta get in the habit of relabelling Republican bullshit for what it is.

Liberty and justice for all.

My new home

Thanks for this info. This is beyond bad. Med mal cases are already extremely difficult, even where it is clear that the doc fouled up. The bottom line is that if docs cause death or injury to a patient, they, and especially their insurers, do not want to be responsible for their acts.

Most of the provisions in the bill mask it's true intent- to cap damages. Filing an expert's affidavit is a redundant requirement. As a practical matter, once you file a med mal lawsuit, the defense immediately files a motion for summary judgment with an affidavit from the offending doctor that says he/she did not deviate from the standard of care. The plaintiff then has only a few days to respond with a corresponding affidavit from a physician saying the opposite. The reality is that that affidavit cannot be obtained in that short a period of time, therefore the plaintiff has to have already lined up an expert who will do an affidavit at the time suit is filed.

The HIPPA release is granted automatically by the judge at the beginning of EVERY lawsuit involving personal injury. Also redundant.

Asking the plaintiff to declare damages up front is very dangerous- very often you don't know the full extent of damages until further treatment is obtained or further discovery occurs as part of the lawsuit. So what this requirement would do is limit the plaintiff to known damages at the time of filing, robbing the plaintiff of damages later determined, or later developing.

The docs and insurers want us to believe there is an epidemic of med mal causes causing premiums to escalate. Do the research on the internet as to how much is actually paid out on these claims. According to the state's statistics, 6 med mal cases went to trial in the entire state in 2004, and only 5 in 2005. Damages awarded in those cases were relatively minimal. Not quite an epidemic. And, if it's a "fivolous" case, the case is thrown out on motion for summary judgment- the remedy is already there.

The focus, by doctors and plaintiffs, should be on the insurers. Yes, in a lot of practice areas, premiums are ludicrous. A good cost:benefit analysis of the costs and payouts incurred by the insurers versus the income received from premiums is where the real inquiry should be. The info on this is out there- take a look at it. Heard of any med mal insurers going into receivership lately?

Docs have been duped into believing the simple proposition that frivolous claims have caused the high premiums, and docs believe this b/c the insurer, who is telling them this, is on their side.

Bottom line- if a doctor causes death or serious injury to a loved one of mine, and our legislators have limited damages for the physical and emotional pain, and financial hadship, caused by it, I am going to be furious. At this point, the advocacy/lobbying for PEOPLE does not match the lobbying of the Tenn. Medical Ass'n and insurers, so the legislature may do the wrong thing. But if this bill becomes law, the uproar and finger-pointing will be directed right back at the individual legislators and governor when the harsh consequences of this legislation are felt by real people.

I am a plaintiff's attorney, so some may say my view is skewed. But I can tell you as a practical matter our firm had more than 30 inquiries last year from potential med mal clients, and we have taken only 1 case. Why? Because even where it is clear that the doc fouled up, the law is already written in a way that makes it extremely difficult to succeed, due to several problem areas in the law. If this bill succeeds, count on the insurers being right back in front of the legislature for more tightening, year after year, until med mal is a thing of the past.

They love that phrase "tort reform".

John Edwards is the candidate of HOPE, I will vote for JRE 2008! Join me for real change, not money or media hype, but real change for America.

my email to Paul Stanley, sadly he is my Senator.

I called him before the minimum wage vote last time it was up, while he was still a Representative. He said that he had heard from a friend of his that had several Yogurt shops and he couldn't make it if minimum wage was rasied, he wouldn't be able to open any more locations that he was planning. And that all the minimum wage jobs were just held by High Schoolers, that they were meant as first time jobs.

And anyone who worked hard would get raises and move up rapidly, if they were willing to work hard.

The guy lives in a dream world!

Even when I worked at FedEx the pay raises were set at specific intervals, there were 2 different time periods, after getting to top out pay that I never got another raise for 5 years, no matter that the annual cost of living went up every year.

I can't even go into all the other parts of why we really need to find a replacement for Paul Stanley and get him voted out as soon as possible. He and Marsha Blackburn are must go's as far as I am concerned! The sooner the better.

John Edwards is the candidate of HOPE, I will vote for JRE 2008! Join me for real change, not money or media hype, but real change for America.