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	<title>Comments on: Medical Malpractice Caps Are Ill-Advised.Tort &#8220;Reform&#8221; Hurts.</title>
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	<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/medical-malpractice-caps-are-ill-advisedtort-reform-hurts/</link>
	<description>An overview of New York medical malpractice, products liability and personal injury law, and the news that affects it</description>
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		<title>By: Andrew J. Barovick</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/medical-malpractice-caps-are-ill-advisedtort-reform-hurts/comment-page-1/#comment-718</link>
		<dc:creator>Andrew J. Barovick</dc:creator>
		<pubDate>Tue, 19 Jan 2010 20:12:44 +0000</pubDate>
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		<description>I agree with you. As if it isn&#039;t hard enough to get a good med mal lawyer to take your case because of the thorough vetting that most of us have to do, the caps mean that if and when you get a favorable verdict, legislators, and not your jury, have the ultimate say about its amount.

Furthermore, unless you are hell bent on driving yourself broke, &quot;frivolous&quot; and &quot;medical malpractice cases&quot; just don&#039;t go together.  Obviously, if it is a &quot;frivolous,&quot; or meritless case, no thinking med mal attorney is going to take it, because he will be throwing his money down the drain.

To me, all of this has the same &quot;logic&quot; as the folks who repeat, mantra-like, that there can be no healthcare reform whithout tort reform.  Tort reform refers to a legal process, while reforming the healthcare system has to do with just that--healthcare.  Making healthcare available to all at a reasonable price, and making sure that it is of good quality, are admirable goals, but ones which have nothing to do with tort &quot;reform.&quot;  But for many, repetition seems to make it true.  And unfortunately, the GOP knows this.</description>
		<content:encoded><![CDATA[<p>I agree with you. As if it isn&#8217;t hard enough to get a good med mal lawyer to take your case because of the thorough vetting that most of us have to do, the caps mean that if and when you get a favorable verdict, legislators, and not your jury, have the ultimate say about its amount.</p>
<p>Furthermore, unless you are hell bent on driving yourself broke, &#8220;frivolous&#8221; and &#8220;medical malpractice cases&#8221; just don&#8217;t go together.  Obviously, if it is a &#8220;frivolous,&#8221; or meritless case, no thinking med mal attorney is going to take it, because he will be throwing his money down the drain.</p>
<p>To me, all of this has the same &#8220;logic&#8221; as the folks who repeat, mantra-like, that there can be no healthcare reform whithout tort reform.  Tort reform refers to a legal process, while reforming the healthcare system has to do with just that&#8211;healthcare.  Making healthcare available to all at a reasonable price, and making sure that it is of good quality, are admirable goals, but ones which have nothing to do with tort &#8220;reform.&#8221;  But for many, repetition seems to make it true.  And unfortunately, the GOP knows this.</p>
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		<title>By: Texas Life Insurance Lawyer</title>
		<link>http://www.thenewyorkmedicalmalpracticelawblog.com/2009/11/medical-malpractice-caps-are-ill-advisedtort-reform-hurts/comment-page-1/#comment-717</link>
		<dc:creator>Texas Life Insurance Lawyer</dc:creator>
		<pubDate>Tue, 19 Jan 2010 19:49:52 +0000</pubDate>
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		<description>I have never understood the logic of using caps as a method of weeding out &quot;frivolous&quot; med mal cases.  The caps only impact the strong cases, not the dogs.</description>
		<content:encoded><![CDATA[<p>I have never understood the logic of using caps as a method of weeding out &#8220;frivolous&#8221; med mal cases.  The caps only impact the strong cases, not the dogs.</p>
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