Santorum's Wife Sued Doctor For $500,000, Despite Senator's Calls For Tort Reform

[Shadowrider]

JB,

I can say, with a straight face, that I would and do support caps under certain circumstances. I don't think there is any good reason to cap actual damages and or medical cost recovery no matter what that costs. However, punitive damages are a different issue. Now, perhaps if a lawyers fees could only be based on either a fixed fee or a percentage of actual damages versus a percentage of punitive damages that might mitigate against the worst effects of contingency fees and unlimited damages.
Look JB I am not saying I know the full answer but it is clear that there is an industry that now feeds on ambulance chasing and bogus or at least questionable lawsuits. Likewise there is a closely related industry that thrives on blackmailing companies with the mere threat of possible runaway lawsuits.

In truth, I'd like to see the law simplified across the board so that lawyers are much less necessary in general. Small claims limits could be raised, etc. Again, I realize I don't have all the answers but I can see broken and know it needs to be fixed.

And I would add that this is the tort reform that everyone I have ever discussed it with wants.

Actual damages = no limit.
Punitive = needs a limit. Greater than zero but a couple of million for hot coffee on the nads is just stooooooopid!

It just seems that the MSM and the trail lawyers spin it into "no lawsuits allowed". No kool aid for me, just a little common sense thankyou.

 

[JB Books]

Yes, that's their favorite flavor..."common sense."

 

[Shadowrider]

Yes, that's their favorite flavor..."common sense."

Try it JB! I know you've at least smelled it. Go ahead and take a bite. You'll like it I promise!

 

[HMFIC]

... Look JB I am not saying I know the full answer ...

It's ok, JB doesn't really have the answer either. He's just stumping for his paycheck. It's all good.

 

[Billybob]

Billybob, it depends on the type of case. If a case has already been decided, then typically that's it. The term is res judicata, latin for "already decided." If the person can PROVE there was a fraud on the court, or have some basis to introduce new evidence (such as the DNA that frees people from time to time), then maybe they can get a technical "d over."

So theoretically a lawyer could throw a case by not asking the right questions or not asking it the right way etc., then one would only have the option of finding another lawyer, pay them to file an appeal,(limited time) based on ineffective assistance of counsel?

 

[JB Books]

So theoretically a lawyer could throw a case by not asking the right questions or not asking it the right way etc., then one would only have the option of finding another lawyer, pay them to file an appeal,(limited time) based on ineffective assistance of counsel?

I'm not much on the "conspiracy theories" BillyBob.

 

[ronny]

Candidates that are more concrened with the rights of working people than paying tribute to their corporate donors.

Actually, I'm not trying to argue with you. I just don't know how you (or I) determine who is concerned with the rights of working people, or who is just saying they are. I think it's moot.

 

[Billybob]

I'm not much on the "conspiracy theories" BillyBob.

I don't remember bringing one up, unless you mean to tell us no lawyer has ever thrown a case before.

 

[JB Books]

Actually, I'm not trying to argue with you. I just don't know how you (or I) determine who is concerned with the rights of working people, or who is just saying they are. I think it's moot.

If a candidate claims to be for tort reform, he is really for limiting your access to the courthouse. They want to talk about limiting damages. It is a tactic to deter attorneys from taking those cases by making it financially unfeasable to do so. Working people who cannot afford to hire a lawyer are de facto prevented from from justice. They make it about the lawyers, it's really not, it's about big companies protecting themselves by buying the legislature.

 

[JB Books]

I don't remember bringing one up, unless you mean to tell us no lawyer has ever thrown a case before.

I do not personally know of any lawyer "throwing" a case. I'm sure it's happened before, but I've never seen it or even heard of it.