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|Subject: Re: t.Retirement won't happen for me||Date: 8/18/2006 9:26 PM|
|Author: JLC||Number: 53244 of 82310|
Louisiana is different in more ways than I care to note. However, occasionally we sometimes do the right thing.
And malpractice insurers aren't making it easier on us. They just roll over and settle pretty much all but the most friviolous claims. Its cheaper than fighting the claim and running the risk of losing."
Long story, but in the 80s, Louisiana physicians formed their own insurance company (all others pulled out of the state). One premise was that they would leave it up to the physician as to settle or fight.
We also have what is called a medical review panel. Defense picks a person (from the litigated specialty) and the plaintiff picks one and the two pick a third. They review the merits and decide if malpractice has occured. This does not prevent the case from going to trial if either party choses, but hit has cut down on the numbers.
"We need a cap on pain and suffering damages so that insurers are willing to go to court and try cases on their merits instead of just settling."
Texas implemented one, and from what I understand insuracne costs have ot declined.
We were also the first state, IIRC, to implement a cap on pain and suffering (P&S). Around $250k. But not continued required medical care. Initially are premiums kept going up, but after being implemented for about 10 years, it has roughing kept pace with inflation.
As an aside, the trial lawyers every year try and get this cap either repealed or increased. Why? Because they can only collect their 1/3 from P&S, not continued care.
JLC, who has been the subject of three suits in 11 years of practice. All dismissed.
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