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Norman is right.  There must be a remedy for every wrong.  We should not restrict one’s ability to recovery for wrongs done to them by a doctor.  Why not limit the amount of recovery that one could obtain if they are wrongfully run over by a truck??  It’s the same principle.  Wouldn’t it be better to strive for less malpractice than to limit one’s recourse after it occurs?  Why should one who is irreparably injured not recover if the negligence is a doctor’s but recover if the negligence is a truck driver’s?  

Here is a novel idea . . . why not allow one to bargain freely (contractually) with a doctor to limit punitive damages BUT tie it to a corresponding reduction in costs.  It will not happen.  Why?  My guess is for the same reason that there is no reduction in malpractice insurance in the states that have limited recovery by tort reform. 

Folks, this is simply designed to protect the claims window of insurance companies.  It is not about more affordable health care. 

Rick Brueggemann

-----Original Message-----
From: Bernie Kunkel
Sent: Wednesday, July 21, 2004 4:07 PM
To: 'Norman Davis'
Cc: Rick Brueggemann; Christopher J. Derry (E-mail); Jim Waters (E-mail)
Subject: RE: Legal Shakedown

Norman makes compelling points here

-----Original Message-----
From: Norman Davis [mailto:ndavis@aispc.net]
Sent: Tuesday, July 20, 2004 3:18 PM
To: Bernie Kunkel
Subject: Fw: Legal Shakedown

----- Original Message -----

From: Norman Davis

To: Bluegrass Institute

Sent: Tuesday, July 20, 2004 12:09 PM

Subject: Re: Legal Shakedown

I have no problem with legislation to make treatments cheaper. However, the recent legislation by David Williams would have amended our BIll of Rights. I do have a problem with that. A serious problem with it as a matter of fact. Yes, it was done some several years ago. If I had been active then I would have filed a lawsuit. If I had the finances I would do it now. Once we start where do we stop? How many sessions would it take before we have a completely new and certainly not a good Bill of Rights.

All of those that wanted the recent Gay amendment in the Bill of Rights got mad at me for stopping it until changes were made.. I stopped it and it was changed as I asked. It made many of the socalled conservative Christians mad at me. Ask me if I care. I refuse to give up my rights just to keep a few queers from getting married. I also refuse to give up my rights for a doctor or hospital to claim they will be able to practice if we limit the awards the courts are giving. This has been done in several states already and the early results are no savings yet.

The problem to me appears to be the doctors, if there is a problem. By this I mean it is strange that 5% of the doctors are responsible for over 90% of the cases in the courts. The courts are a part of our American system. The juries are the ones making these gross awards. They must feel there is a reason after they hear all of the evidence. Something needs to be done about irresponsible or non qualified doctors. How about a paper on this issue?

If David Williams wants to limit awards then tell him to put it anywhere other than the Bill of Rights. If it comes up in the Bill of Rights again we will kill it again.

If you want to do something positive in this field then stop the government from paying everyones medical bills including all of the illegal aliens that come in this country everyday. I have yet to find where we should be paying medical bills with tax dollars. On the same note, do something about these doctors that are the real problem.

----- Original Message -----

From: Bluegrass Institute

To: Norman Davis

Sent: Tuesday, July 20, 2004 8:00 AM

Subject: Legal Shakedown

 Like a malicious infection, groundless litigation eats away at effective, affordable health care.

Hank Wagner, CEO of Jewish Hospital in Louisville is standing firm against a recent mass filing of wasteful lawsuits brought by trial attorneys looking for easy prey.  It's time the General Assembly looked beyond the empty rhetoric of the news media to head off frustrated physicians leaving Kentucky for a less intrusive place to practice.

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Legal Shakedown

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