Possible aftermath of passing Prop. 12 in Texas?

[Mikimouse]

One is sometimes forced to examine the real, rather than the theoretical effects of such changes. I posted last week a thread about elderly parents and elder care. This week, my father was readmitted to the hospital with symptoms identical to the ones that landed him there the week before (he was actually out for only two and a half days). When he was discharged a week ago, it was done without any medication orders, or post-discharge orders. He had experienced what was probably a TIA (transient ischmic attack-similar symptoms to a stroke). His physician (and I do use that term very loosely) couldn't be bothered to see him until 24 hours after he was admitted, and sent no message to explain his absence either. He is being discharged again tonight, but this time with med. orders for high blood pressure and anti-vertigo meds. Interesting, no? Let me suggest that what was done the first time was not standard procedure, and probably would qualify as negligence, however, since the voters of Texas allowed themselves to be railroaded into supporting Prop. 12, jerks like this 'physician' will probably proliferate, and do so with relative impunity. The AMA should be so proud. :nuke:

[Ilsa]

1. The Texas AMA has failed Texans, IMO.

They have allowed docs with drug problems to continue practicing instead of getting them into treatment before they neglect or hurt their patients.

I think Prop 12 will eventually guarantee the hospitals that they can understaff with stop-loss impunity as well.

[Mikimouse]

2. I couldn't agree more

and I have images of these assholes toasting themselves, and congratulating their lobbyists for passing Prop. 12. The advertisements locally were amazing in their transparency, and the voters around here were scared to death that they would be deserted in their time of need. Snarf...they haven't seen anything yet.

[Silverhair]

3. Doctors can still be sued in Texas

You can sue for all of the economic damages, but there is a cap on pain and suffering awards. You can still recover heafty amounts, but no one will be made a multimillionaire because of a doctors mistake.

Is it really fair to make a gazillionare out of some one because they hit a lawsuit jackpot? Where is the justice in that?

[Mikimouse]

4. I don't necessarily advocate the gazillionaire thing,

but I do think that since the AMA will not police itself without some incentive, it needs some kind of stimulus to prompt punitive oversight.

[Silverhair]

6. Like I said: You can still sue doctors

You just can't try to hit a jackpot. The purpose of the legal system is to provide justice, not to be a legal version of Las Vegas.

[ret5hd]

7. what would the "economic" damages be for...

the woman who had the wrong breast removed?

or the man who had his penis amputated?

what i see is an "insurance plan" for negligent doctors that protects them from being liable for anything other than lost wages. How much wages will these people lose in relation to their "pain and suffering"?

[Silverhair]

8. Reread my post please, don't distort what I said.

I did not say that you could sue only for economic damages. To represent me as saying that is dishonest. There is a cap on pain and suffering. I don't remember, at this moment, how high the level is, but I do know that it is in the six figures.

Certainly cases like those you mention should recieve generous compensation, but I do not see any justice in making them multimillionaires either. And we have all read of some awards that have been high 8 figure awards, and I think there have even been some 9 figure awards. I remember a news item not long ago of a person sueing for an 11 figure amount. Let's get real. Is an individual deserving of being a multiBILLIONaire because something bad happened to them? It is the extreme ridicilous awards that the cap seeks to stop. NOT ALL AWARDS, as you seem to act like it does. For you to act like all awards are being stopped is untruthful.

Our judicial system is supposed to hand out justice, not act like a casino. The only losers that I see in this cap are the ambulance-chasers and I don't have much sympathy for them.

Reasonable compensation - YES. Make somebody filthy rich because they had some really bad luck - NO.

[pasadenaboy]

5. I've always thought the answer

was to cap damages on non-profit providers of healthcare, but give unlimited liability to for-profit providers.

[bluestateguy]

9. That was the last straw

Prop 12 passing was the last straw. After the legislature's attempts to get rid of my health care, I just can't take it here anymore. I don't belong in Texas. I'd rather live in the rural deep south than Texas. I am making plans to leave in the next year, 2 years max.