I saw truth in what Soc said, not cynicism.
Really? Like the MYTH tort reform would significantly lower health insurance premiums? Right now, my country looks nothing like the America I grew up in. The America the liberal era created. The whole of human history has been dominated by aristocracies and plutocracies. Power and wealth have always held advantage over the common man.
What made America truly 'exceptional' was not our Army or our Navy. It was the growth and success of the most robust middle class in history. It's genesis was the New Deal and it blossomed and thrived through the Great Society. It made America the envy of the world, the 'city upon the hill'. But when power and wealth decide to fight back, and they have one party in their pocket, the outcome is not in doubt unless the people stay informed and stand up for their God given rights.
Much of that 'exceptional' America has been erased by 30+ years of conservative policies that were a concentrated assault on the middle guy and the little guy. This conservative malfeasance has neither built nor created anything. But the destruction it caused can only be ignored by someone who is so brainwashed that they vote for more of it.
Tort reform IS government intervention. It's bureaucrats dictating what a jury of our peers can or can't do. It undermines our justice system and gives the big guy a baseball bat he can use to beat the final measure of injustice into the little guy. Not only does the person or family suffer from the results of the doctor mistake or negligence, or the corporate toxins or dangerous product, the person and family must also endure the measure of the final insult: 'Yes, you were gravely wronged, but you will not justly compensated'
The whole argument by Republicans on 'tort' reform falls apart and exposes their for the elite agenda. It violates their 'absolutes'. It is government intervention, it ignores states rights and it IS 'statism'. When you start looking into tort reform you find out it has been an ongoing campaign by Republicans, the Chamber of Commerce, insurance companies and manufacturers of dangerous products and chemicals to protect corporations, doctors and hospitals from facing personal responsibility when THEY screw up or are guilty of neglect.
The Medical Malpractice Myth
The best attempt to synthesize the academic literature on medical malpractice is Tom Baker's
The Medical Malpractice Myth, published last November. Baker, a law professor at the University of Connecticut who studies insurance, argues that the hype about medical malpractice suits is "urban legend mixed with the occasional true story, supported by selective references to academic studies." After all, including legal fees, insurance costs, and payouts, the cost of the suits comes to less than one-half of 1 percent of health-care spending. If anything, there are fewer lawsuits than would be expected, and far more injuries than we usually imagine.
Tort Reform Organizations and the Far Right
This tort reform movement is an important component of a network of organizations, such as the Heritage Foundation, the Washington Legal Foundation, the Cato Institute and the American Legislative Exchange Council that make up the heart of the self-described “conservative movement.” The agenda has little to do with conservatism. It has a lot to do with destroying the courts and taking away individual rights.
Right-wing organizations in this network all receive major general operating support, project grants and coordinated strategic guidance from a core group of interlocking, ultra-conservative foundations that has been working for nearly thirty years to alter public attitudes and move the national agenda to the right. This core group of right-wing foundations includes the Scaife, Castle Rock (endowed by the Adolph Coors Foundation in 1993), Bradley, Olin and Koch foundations. (See Appendix 4)
“Five foundations stand out from the rest: the Lynde and Harry Bradley Foundation, the Koch Family foundations, the John M. Olin Foundation, the Scaife Family foundations and the Adolph Coors Foundation. Each has helped fund a range of far-right programs, including some of the most politically charged work of the last several years.”
U.S. Chamber of Commerce Continues to Beat Tort Reform Drum
By Bret Hanna - Attorney
There are a number of good sources of information which debunk the myths of tort reform perpetuated by the U.S. Chamber of Commerce who put the interests of corporations before those of the people injured by their corporate negligence and greed. One such source is a blog post by Injury Board member attorney Wayne Parsons which pulls together a great deal of authoritative information on the topic. Others include Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue [obtained by members or by purchase only], The Myth of the Litigation Crisis; Corporate Wolves in Victims' Clothing, and PRI's Corporate-Funded Tort Reform Study Proves Tort Reform Doesn't Work.
The History Of Tort Reform
“It is no secret that, for more than three decades, business interests have invested billions of dollars to sell the public a distorted view of a legal system that is justifiably envied throughout the world. They say rampant litigiousness requires tort “reform” that restricts the legal rights of injured people, not those of businesses suing businesses, which account for most litigation. What they seek, really, is corporate welfare-assurance that their misdeeds will be paid for not by them, but by others.” - Richard H. Middleton, Jr., Past President of the American Association of Justice
Joanne Doroshow, one the best friends the American consumer has ever had exposes one of the great conspiracies of the 2oth century: the tort reform scam - the BIG lie that started long ago:
For the last 15 years, insurance companies, manufacturers of dangerous products and chemicals, the tobacco industry and other major industries have been engaged in a nationwide assault on the civil justice system. In nearly every state and in Congress, corporations and their insurers have waged a relentless campaign to change the laws that give sick and injured consumers the ability to hold their offenders responsible for the injuries they cause. . .
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The first thing to understand is the difference between the natural person and the fictitious person called a corporation. They differ in the purpose for which they are created, in the strength which they possess, and in the restraints under which they act. Man is the handiwork of God and was placed upon earth to carry out a Divine purpose; the corporation is the handiwork of man and created to carry out a money-making policy. There is comparatively little difference in the strength of men; a corporation may be one hundred, one thousand, or even one million times stronger than the average man. Man acts under the restraints of conscience, and is influenced also by a belief in a future life. A corporation has no soul and cares nothing about the hereafter.
—William Jennings Bryan, 1912 Ohio Constitutional Convention