PIAA: Both Presidential Tickets Recognize Medical Crisis; Kerry-Edwards Fails to Embrace the Solution

October 8, 2004

  • October 9, 2004 at 12:30 pm
    Jesse says:
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    I strongly resent the obvious political taint represented in this article. You are clearly in the Bush camp! How can you criticize the Kerry-Edwards ticket so easily when he didn’t even mention why you’ll be voting for Bush-Cheney?

  • October 8, 2004 at 1:54 am
    Larry VanZant says:
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    How did Kerry and Edwards get elected as
    Sentors. Are the people of Massachusetts
    and North Carolina so stupid that they
    would put the likes of these two in office. I think Massachusetts is because
    they have Kennedy too. I certantly hope
    there is not enough of these same STUPID
    PEOPLE to put them in the White House.
    I just hope God doens’t let this happen.

  • October 8, 2004 at 2:08 am
    Mark Peard says:
  • October 8, 2004 at 2:09 am
    BC says:
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    Do you think that because Mr. Edwards is a personal injury attorney and therefore part of the problem he doesn’t want to recognize the problem?

  • October 8, 2004 at 2:16 am
    Sue says:
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    John Edwards became rich with the cases he won in personal injury. He is definitely part of the problem. I don’t believe John Kerry understands the overall problem of this medical crisis. He is far too removed from it. I did not realize that both Kerry and Edwards blocked this kind of solution as found in CA. I am happy to read about what the PIAA has stated in reference to this crisis and I know where my vote is going.

  • October 8, 2004 at 2:17 am
    From PA says:
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    The trial lawyers will stop at nothing to maintain the status quo. There is no reform being offered by the Democrats. I work in the industry, 70% OF ALL CASES are closed with NO payment. EVERY YEAR. If we eliminate the cases, rates would be significantly reduced.

  • October 8, 2004 at 2:22 am
    K says:
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    Spoken like a true bush-bot. Open your eyes and see the forest for the trees!

    I understand Edwards was one of those plaintiffs attorneys who wasn’t bad to deal with, but I don’t know for certain. Everyone who handles insurance claims will admit there are some attorneys who are better to deal with and actually take meritorious cases. THen there are the phone book cover guys….

    The reference to God is also Bush-tastic. Bring God into it and imply that a vote for Kerry/Edwards is akin to a vote for the devil. Oh spare me! Open your eyes and look at what our overgrown frat boy has done to this country in just over three years! Go ahead, listen to “Rush” and “follow the money”. Over a billion dollars of business done by the Saudis and the Bush Family. Halliburton receiving all their money even when under investigation.

    God save us if we have another 4 years of this kind of corruption, graft, and complete incompetence.

    Don’t even get me started on attacking Iraq! Go ahead and stick your head in the sand with your hero and claim even if there were no WMD or plans to obtain any and claim its justified. WHY??? Why indeed.

  • October 8, 2004 at 2:26 am
    Alex Rodrigez says:
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    If you really want to read and think about medmal reform, stay away from simple minded people like Mr. VanZant and internet forums and stick to the facts. Here is one place you can start.
    http://lib.law.washington.edu/ref/medmal.html#assoc

  • October 8, 2004 at 2:26 am
    K says:
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    Actually, where I work its closer to 80% closed without indemnity payment.

    Even without the non-meritorious claims, there would be some payments. Kerry/Edwards has a plan floated to have cases reviewed by a panel to determine if they are meritorious before being allowed to bring suit. Sounds great, but constitutionality is a problem!

  • October 8, 2004 at 2:32 am
    j says:
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    K – don’t you know that you cannot speak out and say anything negative about G-Dummy without being un-American!!! Forget about free speech and freedom of religion and place your vote for Bush or we will be attacked by terrorists!!

  • October 8, 2004 at 2:43 am
    K says:
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    OH NOOOOOO I forgot!!! I’ve been brainwashed into free speach by Michael Moore….

    signed,

    another apparently un-American Army Vet.

  • October 8, 2004 at 2:47 am
    BC says:
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    K = Kerry J = John? Sorry but I find your ability to act like mature adults and actually discuss the issue amusing.

  • October 8, 2004 at 2:56 am
    Saved says:
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    I would like to thank J and K for saving me. I was on the fence on who to vote for but now since they spoke so eloquently and explained the facts regarding the candidates I have no choice but to vote for the obvious choice. Kerry!

  • October 8, 2004 at 3:03 am
    K says:
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    Really BC? I quote the bush-tastic poster to whom you responded first…

    w did Kerry and Edwards get elected as
    Sentors. Are the people of Massachusetts
    and North Carolina so stupid that they
    would put the likes of these two in office. I think Massachusetts is because
    they have Kennedy too. I certantly hope
    there is not enough of these same STUPID
    PEOPLE to put them in the White House.
    I just hope God doens’t let this happen.

    Thanks. I now realize I am just childish and unrealistic. Please vote Republican, its easier than thinking!

  • October 8, 2004 at 3:05 am
    Aquagecko says:
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    I thought the intent of the article was to showcase the difference between the candidates on this issue. I favor tort reform but i also favor much stromger controls over doctors who are not competent to perform certain procedures. Doctors have to agree to do a better job of policing themselves or get someone else to do it for them. If insurers took stronger underwriting views of doctors, in concert with tort reform, we would all be better for it. No insurance, no practice, just like driving a car.

  • October 8, 2004 at 3:11 am
    K says:
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    I have to agree with you there; of course it will take legislation to hold them to the “no insurance, no practice” rule. There are unfortunately many physicians who pracitice “bare”. I’ve had to pay more than our share on several claims just to get them settled because the “bare” docs wouldn’t kick in their portion (and the pltfs attorney knows he can’t tell his client to let us out early, lest the bare docs point fingers at the empty chair!).

    There are big holes in both candidates’ plans. I would liken it to the retoric surrounding “education”. The federal government never educated one child. Never will. Only local policies will have an effect on that. THe latest education plan is known in my neighborhood as “no child left untested”…

  • October 8, 2004 at 3:13 am
    BC says:
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    Thank you for bringing the discussion back to the grown up world. I agree with you whole heartedly.

  • October 8, 2004 at 3:17 am
    wrb says:
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    While I agree the system needs reform I think that there are instances where limits are outrageous and insulting to the offended parties. I was widowed last year at the age of 28 due to a hospital error and the fact that someone wants to tell me that I can only sue for a limited amount of damages when my husband should have had at least another 30-35 years to live is a complete insult to me.

  • October 8, 2004 at 3:33 am
    K says:
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    Sorry for your loss.

    The limits suggested most often are on “non-economic” damages, better known as general damages or pain and suffering. I work in a state which already has a cap on these.

    In other words, awards of money over and above that derived from medical expenses and future earnings would be limited. Bush favors a limit of $250,000; my state’s cap is almost double that at this point. most states have no cap; I would point to a terrible case in Illinois reported a couple months ago which involved the death of an infant. Terrible yes, but non-economic damages (all there are for an infant for the most part) were awarded by the jury in the amount of $30 million!

    Limiting the entire damages (I think that’s W’s intent) to $250,000 is ludicrous, but there has to be some middle ground!

  • October 8, 2004 at 4:10 am
    Jo Sargent says:
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    Very well written article. Thank you.

  • October 11, 2004 at 7:10 am
    Zevon says:
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    I am sorry for your loss. Unfortunately, what you wrote makes no sense. The issue is limiting general damages/non-economics/pain and suffering. There was never any mention of limiting what your husband would have made in earnings over his expected work-life. This is getting real tiring listening to people boast about how the demo’ party is for the little people. The demo’ party is for the demo’ party, and helping themselves to the power that comes along w/the Whitehouse-pure and simple. Ask yourself what the net worth of Kerry/Heinz Catsup/Edwards (I made so much money suing Dr’s and yes those big name insurance companies that I could retire & go into politics in my teenage years) really is at this point. Not-so-happy to say I live in NY, and we pay many litigation taxes already because of folks like Mr. Edwards.

  • October 11, 2004 at 10:12 am
    Kevin says:
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    I guess you would rather have a traitor in the White House.

  • October 11, 2004 at 11:59 am
    Nancy Seats says:
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    What a reasonable response, W. Every study I have read concludes that the number of civil suits has declined in the last decade as have jury awards.

    Our Bill of Rights is essential to our deomocracy. The 7th amendment enures that all citizens will have access to the courts. It is interesting to me that the President of the United States swears at his inauguration to uphold the constitution of the United States of America, yet now wants to decimate the 7th amendment.

    As President of a national not for profit, Homeowers Against Deficient Dwellings http://www.hadd.com I hear from victims of substandard construction every day. Most have mandatory binding arbitration in their contract which removes their right to the courts yet homebuilders are getting legislation passed in every state to protect themselves from lawsuits. The arbitration not only removes your 7th amendment right, but your 1st amendment right as well since most homeowners get a gag order so that they can’t warn the public about who NOT to use to build their home.

    I want our elected officials from both parties to promise to uphold the constitution and MEAN it!!

  • October 12, 2004 at 12:05 pm
    Nancy Seats says:
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    Doctors, homebuilders, and corporations have been “policing” themselves forever and have FAILED miserably. When that happens we HAVE to have a way to hold them accountable and responsible.

    We need elected officials to represent the PEOPLE, and to honor the Bill of Rights, including the 7th amendment that promises every citizen who has been harmed access to the civil court system.

  • October 12, 2004 at 12:17 pm
    Nancy Seats says:
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    I simply can’t agree with you M. I have read reliable articles from organizations that have done studies in many states regarding medical malpractice, and every single one of them shows that the number of lawsuits has declined over the last decade and jury awards have declined. Please understand that the stories you read in the paper are sensational and that those high awards are always appealed and lowered dramatically in most cases.

    I really believe that insurance companies are using lawsuits and jury awards as an excuse to raise malpractice insurance, and to get legsilation passed to destroy the 7th amendment to the constitution that gives citizens access to the courts when they have been harmed.

    I personally have a niece, 35 years old who is confined to a wheel chair with a feeding tube and a tracheotomy due to malpractice. Do you REALLY think that this Dr. should not be held accountable? Her life expectancy no doubt is pretty low and her quality of life is pretty sad.

    Don’t blame high insurance rates on lawsuits, blame them instead on Doctor’s who claim to police themselves but don’t.

  • October 12, 2004 at 12:17 pm
    Nancy Seats says:
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    I simply can’t agree with you M. I have read reliable articles from organizations that have done studies in many states regarding medical malpractice, and every single one of them shows that the number of lawsuits has declined over the last decade and jury awards have declined. Please understand that the stories you read in the paper are sensational and that those high awards are always appealed and lowered dramatically in most cases.

    I really believe that insurance companies are using lawsuits and jury awards as an excuse to raise malpractice insurance, and to get legsilation passed to destroy the 7th amendment to the constitution that gives citizens access to the courts when they have been harmed.

    I personally have a niece, 35 years old who is confined to a wheel chair with a feeding tube and a tracheotomy due to malpractice. Do you REALLY think that this Dr. should not be held accountable? Her life expectancy no doubt is pretty low and her quality of life is pretty sad.

    Don’t blame high insurance rates on lawsuits, blame them instead on Doctor’s who claim to police themselves but don’t.

  • October 11, 2004 at 1:37 am
    j says:
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    And just who is the Republican party for? Oh, that’s right huge corporations and millionaires! I wish I could say I qualify in the category.

  • October 11, 2004 at 2:02 am
    C says:
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    The republican party is for the american dream. I do not yet fit into the category of huge corporations and millionaires, but when I do after a hard working career, should I be required to submit a greater portion of my annual income to federal income taxes as a penalty for my hard work? Go with the Dem’s, they reward the lazy. Work hard and build wealth only to return it to the lazy in the form of income and estate taxes.

  • October 11, 2004 at 2:04 am
    Matt says:
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    The only way in this world to get something for nothing vote Democrat

  • October 11, 2004 at 2:10 am
    xsman17 says:
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    We don’t you all of you make it simple and vote for Nader

  • October 11, 2004 at 2:25 am
    MM1 says:
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    Kerry is all talk on a lot of issues

    Kerry doesn’t understand the hidden consequential cost of defensive medicine as a result of our litigious society. Bush pointed that out the other day.

    He doesn’t understand the big picture on this issue much less the economy or the global conflict we find ourselves embattled in right now

  • October 11, 2004 at 2:51 am
    Carolyn Higgins says:
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    I am not a trial lawyer- I am just a widow who spent 2/1/2 years with my husband while he battled cancer. I am not suing anyone. What I saw in the medical field left ME in shock and awe. The cost of a medication at $10,000 per month. Hospital charges at $10-$15,000 dollars a day. Hospitals and doctors more concerned with the bottom line than patient care. Understaffing of nursing, etc, etc. Is this all attributable to personal injury lawsuits? That seems like the easy way to take the heat off of many of the other elements of this system that is so broken. While we are all finger pointing and trying to blame someONE thing- it just gets worse. I hope to God I just die a natural death and don’t have the rely on this system.

  • October 11, 2004 at 2:59 am
    M says:
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    I am sorry to hear about your husband. You are right when you say that there is not one thing that can be blamed for high medical costs. You have to figure how many people must be employed to handle one cancer case or any case for that matter. You have the nurses,doctors, lab techs who run all of the tests, and not to mention all of the overhead of running a hospital plus all of the costs that are never collected on some cases. Then the medication and technology has to be paid for, it isn’t cheap to fund all of the research that goes into each drug. So with so many costs can we afford to pay attorneys millions of extra dollars? Even if a hospital or doctor doesn’t pay any damages their med-mal premiums can reach upwards of $300,000 per doctor per year. The reason for this insurance is simply to protect the doctors from huge lawsuits. SO you can see it comes back full circle to a lot of medical expense can be traced back to the wonderful attorney

  • October 11, 2004 at 4:51 am
    W says:
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    Yes, the system needs corrected but how? I see several comments about how a plan will or will not work but no data to support such beliefs. I then see a reference to the MICRA of California. How about a comment on that plan that is not from trial lawers, Doctors, or Insurance companies but from the GAO-The General Accounting Office. “The GAO report showed that the price of medical malpractice liability insurance in California had increased dramatically since the passage of MICRA. In fact, “premiums for physicians increased from 16 to 337 percent in southern California … between 1980 and 1986.”1 The GAO study concluded.” Now, info showing the opposite is available but none of that information is from accountants. Like accountants or not they work exclusively with numbers and have no direct involvement on either side to cloud their judgement. As for the other comments out here, The President has been in office for four years and has done what to correct this problem? His party controls both houses and he has yet to VETO a spending bill. Why was it not corrected already? This fact alone should have people questioning both sides of the election not ruling one side or the other out automatically, that is if the issue truly is which candidate would be best for the country as a whole and not personal preference. It is easy and lazy to say the problem is solely the trial lawyers. We all know that nothing is that simple especially a matter this involved. Instead of making constructive comments about the subject this forum was used to promote political parties. The comments are not to help save America or its people but to further personal political beliefs. So, do not hide behind an issue to shoot political arrows under the guise of saving America or invoke God as a supporter of one party over the other. It cheapens God and the debate. If you cannot make your points either political or on a specific issue such as this medical crisis with actual facts then please spare us your self-serving rhetoric.

  • October 12, 2004 at 7:31 am
    m says:
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    Nancy-
    Insurance companies cannot simply increase rates without due cause. In most states they must file their rates before they can apply them. They must show that the need to increase their rates to cover losses or extra costs.

  • October 13, 2004 at 8:30 am
    Bob says:
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    The entire issue of Medical costs has VERY little to do with Malpractice judgements or premiums, both of which are nothing more than a symptom. The real issue is healthcare is now considered a Right, hence any cost merely gets in the way of that “right”. Until people recognize that Rights can only be political and never economic, discussions like this will continue to go in circles

  • October 13, 2004 at 1:32 am
    Larry VanZant says:
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    The only smart thing you came up with was
    to agree to vote Republican.
    And I can see you are very proud of your
    opinions by signing with the letter K.
    Anyone who doesn’t think God is part of
    the whole thing should be ashamed to sign
    their name.



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