Columnist Bruce Bartlett
reported in the March 3 Washington Times that this hidden cost was $721
a year for each citizen. Needless to say, Edwards is against tort reform
that would ease these costs because it would mean smaller judgment awards
to trial lawyers, who can make up to 35 percent to 40 percent of the cash
award from these trials.
Such law suits extend
from the ridiculous (the lady who won a suit against McDonald's because
she spilled a hot cup of coffee on herself while driving) to the outrageous
(West Virginia doctors going on strike because their malpractice insurance
costs about 60 percent of their income). Tort reform mostly means that
lawyers would get a smaller percentage of the judgment. Since trial lawyers
give heavily to the Democratic Party, you might have determined that Edwards,
who made millions in his practice and spent $3 million on his senatorial
campaign, would not likely favor tort reform.
The scheme works like
this: Democrats write vague laws (and regulations when they control the
Executive Branch) which must be "interpreted" in the courts.
Trial lawyers bring cases on behalf of clients who push the envelope of
credibility for these laws and regulations. If they win the case they
give a small percentage to the client, and they pocket the rest, with
a payoff to the Democratic Party. Then the cycle repeats itself.
The consumer is the
ultimate loser as insurance costs and the price of goods and services
are increased to pay the additional demands for ever larger insurance
premiums.
In many states, mostly
those controlled by Democrat legislatures, tort laws make it easy for
individuals, businesses and professionals (such as doctors) to be sued
regardless of their responsibilities. (Doctors and other professional
folks must not be "regular people.")
A surgeon in Florida
can pay $200,000 a year for malpractice insurance. The same insurance
in California is $70,000 where some award limits have been passed.
Plaintiffs should
also have to pay all costs when a suit is found without merit. Currently,
70 percent of malpractice cases are found to be unjustified. Losing plaintiffs
do not have to cover the costs of defendants whom they sue unsuccessfully,
and insurance companies will often settle with plaintiffs, even when their
clients are innocent, so long as the settlement is substantially less
than the costs of a defense.
Reuters news agency
reports that GM paid $4.5 billion for employee health care last year,
more than the giant auto maker paid for steel. Much of that money goes
indirectly to pay doctors' malpractice insurance, when it should be devoted
to health care.
Congress just raised
Medicare payments to doctors by $49 billion over the next 10 years, mostly
to help defray the costs of malpractice insurance. That's $49 billion
out or your pockets, the taxpayers.
Tort reform laws in
some states have lead to lower insurance costs, as well as fewer "pass-along"
expenses, like Medicare taxes, to the "regular people" who are
the consumers of medical services. A bill has been introduced in the House,
H.R. 5, that would cap liabilities awards to $250,000. This is a good
start. Ask your congressman to support this bill.
Meanwhile, Edwards
can neither convince anyone he is for regular people nor sell himself
as a "moderate." Like Bill Clinton, he is running as something
he is not. The leftist Americans for Democratic Action gave him, and Hillary
Clinton, the same 95 percent approval rating for their 2001 voting record.
The regular people remember Slick Willie and don't want a Slick Johnnie.
William Fielder
Peachtree City






Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…