Is Tort Reform Really On The Table?

    From The Political and Financial Markets Commentator The Chances That Tort Reform Is A Reality We all heard the gratuitous line concerning tort reform issued by President Obama in his speech pushing for passage of his healthcare bill. While creation of the bill in its’ current form has been extremely partisan in nature, the President made this statement as an apparent “overture” to the Republican | Read More »

    Why You Cannot Trust Barack Obama (Again)

    Last night, Barack Obama said: Now, I don’t believe malpractice reform is a silver bullet, but I’ve talked to enough doctors to know that defensive medicine may be contributing to unnecessary costs. So — so — so I’m proposing that we move forward on a range of ideas about how to put patient safety first and let doctors focus on practicing medicine. I know that | Read More »

    Bill Bradley wants to trade tort reform for the public option.

    The best that I can say about the former Senator’s plan is that he means well: Whenever Congress undertakes large-scale reform, there are times when disaster appears certain — only to be averted at the last minute by the good sense of its sometimes unfairly maligned members. What now appears in Washington as a special-interest scrum could well become a triumph for the general interest. | Read More »

    Studies Show Doctors will not participate in Government run health insurance

    Obama has said over and over that the AMA supports his health care reform proposal and if you like your doctors, you can keep them.   But, he failed to mention that most doctors don’t belong to the AMA.   So, what do the majority of doctors think about Obama’s government run healthcare proposal?   And, would there be enough doctors to handle the increased patient load in particular for the | Read More »

    Howard Dean: No tort reform for fear of trial lawyers.

    You know, this admission may have justified the entire town hall thing, right there: Here’s the quote: “This is the answer from a doctor and a politician. Here’s why tort reform is not in the bill. When you go to pass a really enormous bill like that, the more stuff you put in it, the more enemies you make, right? And the reason that tort | Read More »

    Tort Reform and Unscrupulous Attorneys

    [This started out as a rant on cas21's Tort Reform diaries, but became too long] One measure to curb tort abuse that doesn’t require any tinkering with states rights is to turn the tables on the legal profession. This means promoting the theory of legal malpractice. Unfortunately, this would require a long term cultural shift and not a quick political or legislative solution. Large jury | Read More »

    Another Folly of Federal Tort Reform

    You will have to read to the end to get to why this is pertinent to the folly of federal tort reform. The bookend cases of Swift v. Tyson (1842) and Erie v. Tompkins (1938) say all there is to say about interaction between state law and federal law. The opinion in Swift was written by Supreme Court Justice Joseph Story, a Harvard educated elitist.  | Read More »

    Federal Tort Reform II

    In a thread about tort reform, I started off a comment to Mr Devine with what I thought was an innocuous preamble:  ”I am not being a wiseguy but please tell me where I misapprehend the implications of federal tort reform.”  I was trying to show respect for Mr Devine’s experience and, knowing I’ve written about this subject several times, wanted to deflect from the | Read More »

    ‘Public option’ on the table?

    (Via Hot Air Headlines) I could be cruel about this, but if it turns out that the title here (“Party leaders prepare liberals to accept a health care reform deal“) is accurate then I see no particular reason to gloat over the fact that the quote-unquote ‘public option’ will be sacrificed for the sake of ‘conservative’ Democrat, Republican, and popular opinion. We’re all one country | Read More »

    Fraud and Tort Reform Should Be Supported

    The rhetoric on health care on health care is hitting a fevered pitch. One bill has passed committee while other bills are in process, yet on hold for August recess. The clash that is occurring between the two sides is likely being made worse by a genuine confusion about what is in and what is out of the bill. Yet clearly there are a couple | Read More »

    Federal tort reform

    To those who habitually cite the 10th Amendment to complain about federal forays into state matters, make up your minds.  You whine about federal intrusions but beg for the more when you ask for federal tort (malpractice) reform. Unless you live in a federal enclave or territory, tort law is state law and nothing but state law.  And even if you are in federal court | Read More »

    AMA and Tort Reform

    Malpractice reform at the federal level is incomprehensible.  Since medical malpractice is mostly state common law, how would that work? It would mean that the federal legislature would have to have the ability to abrogate the common law of all the states.  To do so, they would have to have a federal law.  And, if there is a federal law, all malpractice cases would be | Read More »


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