Why No Tort Reform?

Because Tort Lawyers have bought and paid for the Democratic Party

The monstrosity of a health care bill is not good for the country. The Democrats claim it is deficit neutral and that it will save money in the long run but that is a lie. Nothing the government does saves money. Massachusetts has the same kind of plan and that state is rationing care and raising rates.

If the health care takeover was a good idea it would take effect immediately but Obama and his Democrats know that it is not going to perform as claimed and that is why it will not take effect until after the 2012 presidential election. Obama hopes to win a second term and he knows that he cannot win if the bill takes effect immediately because by the next election the flaws will be quite evident and he will be booted out the door.

The claim of the Democrats is that they are trying to save money. Democrats do not save money. For that matter, it is hard to find anyone from either party that is good at saving money. Having said that, there are plenty of plans that can actually save money. The Republicans introduced a number of reform items to do just that and the Democrats voted against them. Then Senator Barack Obama, the guy who says we have to do this NOW, voted against them. If saving money were truly a priority then tort reform, which was part of those plans, would be included. Tort reform would save money and no matter how much it ended up being, it would be saved. But Democrats can’t have tort reform because the tort lawyers own a piece of that party.

The bill that Pelosi introduced demonstrates that very clearly. The bill provides a payoff to the tort lawyers as evidenced by this as reported at Big Government:

Section 2531, entitled “Medical Liability Alternatives,” establishes an incentive program for states to adopt and implement alternatives to medical liability litigation. [But]…… a state is not eligible for the incentive payments if that state puts a law on the books that limits attorneys’ fees or imposes caps on damages. [emphasis in quote at Big Government]

There will be incentives if states adopt alternatives to liability litigation (like perhaps arbitration) but if a state has enacted the alternatives of limiting attorney’s fees or capping damages then it is not eligible. Those two items constitute tort reform. Limiting attorney’s fees and capping awards are the meat and potatoes of tort reform but if any state uses that then it loses the ability to receive incentives for any alternatives to litigation that it might devise.

This is a way for the government to ensure that states do not take it upon themselves to enact tort reform. This is the payoff to the tort lawyers. Democrats (and they wrote this bill) have ensured they will keep their buddies in tort law in business.

It is nothing more than a payoff and it stinks. The Federal Government is cutting states off at the knees to protect the lawyers by including a provision that discourages them from enacting tort reform, an issue the Democrats do not want addressed. Obama was blowing smoke up our collective rear ends when he said he would look at, and consider, options for tort reform.

This bill weighs 19 pounds and is nearly 2000 pages. This is but one item that pays off supporters and in the next week we will see more information as people read through it.

Writing a bill behind closed doors, without Republican input, and hiding this kind of stuff in it is not my definition of transparent.

How do people not laugh when the ObaMao Reich claims to be the most transparent in history?

Maybe we could have asked Pelosi that when she introduced it if she had not barred everyone except those chosen by her from attending the event. That is another demonstration of this Reich’s transparency.

Wake up America.

Big Dog

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3 Responses to “Why No Tort Reform?”

  1. Blake says:

    That opts Texas out, because we already have tort reform here- and it works really, really well. Costs are down, and doctors I have talked to feel as if a millstone has been lifted from their necks. They do not have to practice defensive medicine, ordering needless tests, just to protect them from frivolous lawsuits.
    And more could be done- if the rest of the country would do the same-
    But you are correct- the liberal Demmies are all hos for the Bar.

  2. Michael Kirsch, M.D says:

    No incentive for Ohio either. We’ve already enacted caps, which had the desired effect of cooling off exploding medical malpractice premiums. Typical Democratic philosophy, punish states and individuals who have succeeded. See http://www.MDWhistleblower.blogspot.com under Legal Quality category.