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Bill: Tort Reform Act

Details

Submitted by[?]: Iqembu Sokusebenzisana Yeningi

Status[?]: passed

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: May 2242

Description[?]:

An act to remove legal limits on awards in medical malpractice lawsuits

Proposals

Debate

These messages have been posted to debate on this bill:

Date06:23:49, June 14, 2006 CET
From Iqembu Sokusebenzisana Yeningi
ToDebating the Tort Reform Act
MessageWho are we to put a value on a person's life or health? The cap on medical malpractice awards is unfair andshould be removed.

Date11:57:14, June 14, 2006 CET
From Ikradonian Faith Party
ToDebating the Tort Reform Act
MessageAgreed.

Date16:27:48, June 14, 2006 CET
From Lyika ati Isọdọtun
ToDebating the Tort Reform Act
MessageWait a minute, you say "who are we to put a value on a person's life or health," but that's precisely what medical malpractice awards do, regardless of whether there's a cap. If you have a problem with this practice, then perhaps you should consider getting rid of malpractice suits altogether.

We put this cap in place many years ago to stem a trend toward frivolous lawsuits, excessively high damages, increasing insurance premiums, and soaring health care costs. The cap on monetary damages protects all those involved; the only person who ultimately stands to benefit from this proposal is the personal injuries lawyer who would become insanely wealthy by pushing malpractice payouts into the stratosphere.

Date06:12:46, June 15, 2006 CET
From Iqembu Sokusebenzisana Yeningi
ToDebating the Tort Reform Act
MessageThe IPC feels that putting a limit on compensation for grevious injuries caused by provable harm, is not fair to those harmed as a result of medical malpractice. The effect on medical costs should be negligible as long as juries use their common sense, which the IPC trusts them to do.

Date22:01:38, June 15, 2006 CET
From Liberal Conservative
ToDebating the Tort Reform Act
MessageI agree based on the common sense argument. While there is a risk of over the top awards, limiting them can lead to equally unfair ones. Some suggested awards for injuries should be used but with the judges allowed adapt based on the specific circumstances.

Date22:08:20, June 15, 2006 CET
From Lyika ati Isọdọtun
ToDebating the Tort Reform Act
MessageWhat the IPC fails to take into account is that juries are quite often biased against health care establishments. Particularly in the case of nursing homes and rural hospitals, research has shown that juries do not use common sense and are very rarely unbiased when evaluating such cases. This is underscored by the fact that some health care administrators often choose to simply settle, even in the case of frivolous suits, because they are wary of taking their case before a jury that will not hear their case impartially. This bill will only exacerbate the problem of frivolous suits, as lawyers and imprudent patients see more and more opportunity to gain at the expense of health care professionals.

To be certain, when doctors and nurses fail to fulfill their duties, they should be punished and the victim should be compensated generously. This can be accomplished, however, without opening the door for increased frivolous lawsuits and mounting health care costs.

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Voting

Vote Seats
yes
    

Total Seats: 361

no
  

Total Seats: 202

abstain
  

Total Seats: 36


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