"Our approach is basically fair
compensation - quickly, and more of it..."
Richard L. Jackson
December 1, 2011, by Kyle
It's been 20 months since the Georgia Supreme Court threw
out a key plank of the state's 2005 tort reform: a $350,000
cap on noneconomic damages for medical malpractice. During that
time there's been some hopeful talk among supporters of the cap,
but precious little action by legislators.
Here's a thought: Why not scrap the medical tort system
entirely, saving several billion dollars in the process?
Before every trial lawyer within 200 miles heads for my office,
let me explain.
The idea is to replace the current legal system for medical
malpractice with an administrative law system that draws heavily on
the current arrangement for workers compensation claims.
No more lawsuits, no more juries, no more jackpot justice.
Instead, patients injured while undergoing medical treatment would
file a no-fault claim. Independent experts then would determine
whether there was negligence and, if so, award the patient
compensation based on national norms for the type of injury
The potential results: More patients receiving payments, in a
fraction of the time lawsuits take today. Doctors no longer facing
the specter of ruinous lawsuits. Even trial lawyers would stand to
make more money on the whole.
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