Archive for health care

Real Tort Reform

Posted in Uncategorized with tags , , , , on December 6, 2009 by judsonwheelerphillips


As the debate over health care “reform” has been raging, one of the flash points for both parties has been over malpractice tort reform.

When doctors are spending over half a million dollars a year just for their insurance premiums, something is really wrong. You cannot watch daytime TV without seeing ads for personal injury attorneys, trolling for new clients.

The primary reform offered is to cap pain and suffering judgments. The most common figure is $250,000. The theory is that plaintiff’s lawyers take a cut of the recovery and the biggest part of the recovery is the award for pain and suffering, if that figure is limited, the lawyers will start looking elsewhere and there will be fewer lawsuits.

I do not like that. First, I think it is the right of the jury to decide that. A jury can punish a bad doctor with a large verdict. Arbitrary government caps interfere with the free market. Finally, what is your pain and suffering worth? If a doctor screws up and leaves me in pain for the rest of my life, I can guarantee you, my pain and suffering is worth a whole lot more than $250,000.

So what is the solution?

In litigation, there are three types of burdens of proof. The first is proof beyond a reasonable doubt. This is the burden of proof in criminal cases. In civil cases, the burden of proof is a preponderance of the evidence. All that means is, that is it more likely than not, something happened. Basically, you flip a coin.

There is a third burden of proof, called clear and convincing evidence. It is only used in a few types of hearings, but if we want real tort reform, then all we need to do is to raise the burden of proof in medical tort cases from a preponderance of the evidence to clear and convincing evidence. This would eliminate many really weak lawsuits, yet would allow juries to compensate someone who has been badly injured by true negligence.

This is a tort reform that would cost absolutely nothing.

This is simple and would be effective. Which is probably why you do not hear a word about it coming from Washington.


Depression and third world conditions: Coming soon to a neighborhood near you

Posted in Uncategorized with tags , , , , , , , , , on April 3, 2009 by judsonwheelerphillips

“Great nations don’t die. The commit suicide.”

We are watching the American suicide. We are watching an arrogant and incompetent leader kill the golden goose. The American economy is the engine that drives world prosperity. All that is about to end thanks to the Obama/Reid/Pelosi axis of fiscal evil.

Later this year, the Obama/Reid/Pelosi axis of fiscal evil is going to push through three things that will help destroy the American economy. The first part is the $3.6 trillion budget. No one in their right mind, not even the nuts on the left, believes that this can be funded by debt alone. Massive tax increases are coming. Tax increases are a drag on the economy. These tax increases will tax the productive in society, decreasing their willingness or their ability to be productive.

Later this fall, the Senate will take up what is called the reconciliation bill. This is where bills from the House and the Senate, which have differences, are made identical. Under the Senate rules, a filibuster is not possible for the reconciliation process. All that is required is a simple majority vote to pass any legislation. Two pieces of disastrous legislation will emerge from the reconciliation process.

The first is nationalizing health care and the second is a cap and trade energy policy.

Our health care system, the best in the world, will be destroyed by government control. One sixth of the economy will now be controlled by the same bozos that have managed to destroy most of the financial services and banking industry. Do we really trust the same people that gave us the IRS?

The cap and trade system will be the greatest disaster. Two years after this is implemented, you will not recognize America. The cap and trade system, if you are not familiar with it, involves mandating “caps” on the amounts of green house gases that companies can produce. Of course, the market does not determine these “caps”. The government does it. If you exceed the cap, you either buy excess capacity from someone else or you are severely penalized. This is going to drive energy prices through the roof. Originally the government said this would add $500 to the average cost of an American’s utility bills. Now they are saying it will be closer to $2,000 per person. If the government is saying $2000 a year in extra costs, we know that it will be much greater. Americans will have to pay these energy bills, just to have electricity in their homes and gas in their cars. Remember, during the campaign, Obama said he wanted to bankrupt coal-fired plant and the only problem he had with $4 a gallon gas was the price had increased so quickly.

When the government controls any market, the end result is rationing. This is coming. Your health care will be rationed. Your energy will be rationed. And when there is rationing, there are shortages. In Canada, for basic health care, you have to wait weeks and sometimes months. In Britain, the nationalized health service will not pay for dialysis for anyone over 60. If you are over 60 and need dialysis, you either pay for it yourself or you are rationed to death. Literally! This is coming to America. In some third world countries, electricity is only available for certain hours a day. This is coming to America.

Soon, third world conditions will be in a neighborhood near you.