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Old 10-31-2009, 01:36 PM   #2
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"So, you can’t try to seek alternatives to lawsuits if you’ve actually done something to implement alternatives to lawsuits."

No....it says that the state can't receive incentive payments if they implement laws that limit lawyers fees or provide caps on rewards.

The states are still free to use those alternatives.....they just won't receive the incentive payments. They can still receive the incentive payments if they seek other avenues of approaching medical liability lawsuits.

As much as I am sometimes disgusted with the frivolous lawsuits out there I don't think that limiting the ability of people to sue in the case of medical malpractice or negligence is necessarily the answer. Do you really want to get treated at a hospital that is able to do a cost/benefit analysis in favor of keeping a doctor that is known to get drunk during surgery?

Although we can all get upset with lawyers and their ilk I am not so sure that limiting their ability to force accountability through threat of monetary punishment is something that would be a good idea.

I am unsure what the solution would be.....but your summary of that section of the bill is off.

"Why are doctors demonized and lawyers get to rape and pillage?"

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