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OUatty said...
I have read a lot of responses about having a problem with frivolous suits. I am not sure about nationwide, I practice in Oklahoma and frivolous suits are not that common. However, if you really believe frivolous suits are the problem, then explain to me how tort reform will stop it. I would guess that you cannot. The senators that support it also cannot explain how it will stop frivolous suits. The only thing that this legislation will do is hurt the people that are seriously injured.
I have asked this question several times and have not gotten a response, so once again, if your child or spouse was critically injured by a doctor, hospital or faulty product, would you be okay with only being able to receive $250k for his or her pain and suffering.
We live in a very conservative state, so why does the government have to step in and give us a limit, why not let the conservative people of the state of Oklahoma decide what amount is appropriate.
This post was edited by SoonerInTN on 4/16/2013 at 7:46 PM
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oulabman said...
Zeeb, that was not OK. A jury of your peers in OK would have told you to be more careful when you drink hot coffee. Hot coffee means HOT COFFEE;).
OK has some of the very lowest awards in the country. Tort reform is not needed.
I think I have more faith in 12 jurors than a group of OK legislators.
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OUatty said...
I can assure you we do have some of the most conservative jurors in the country. We do not have runaway jury verdicts or crazy frivolous suits that get nationwide attention. So the question is why do we need tort reform. Mary Failing will sign the bill once it hits her desk without even reading it. The reason we are going to have tort reform is because the chamber of commerce, insurance companies, doctors and big companies are passing their own legislation through the republicans they put in office. Tort reform does not help citizens of our state.
Most people that support tort reform are misinformed as to why we need it or simply do not think it could happen to them. I never got a response to my question, and that is do you still support tort reform if it is your spouse or child that is seriously injured and now needs life long 24 hour care for the rest of their life.
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OUatty said...
The legislation limits non-economic damages to $250k. These “Non-economic damages” include things like pain, suffering, mental anguish, emotional distress, loss of a limb, blindness, paralysis, loss of sexual function, disfigurement, loss of bladder and bowel control, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation and humiliation. Such caps also discriminate against children, women, the elderly, minorities and low wage earners. Examples are as follows:
- Employment income is the basis for calculating most economic damage awards. Noneconomic damage caps discriminate against children because children have no income upon which to base a calculation.
- One of the more significant injuries that can be inflicted upon women is harm to reproductive capacity. However, that injury does not impact her earning capacity or entitle her to recover economic damages despite the devastating emotional impact that such a loss may cause.
- Caps discriminate against retired seniors, who often suffer neglect and abuse in nursing homes and other long-term care facilities, because they also have no employment income.
- Caps have an impact on the most serious injuries. Those impacted by more than half of the time are cases involving brain damage, catastrophic loss, and paralysis.
So yes it would cover medical expenses for 24/7 care if it were actually awarded by a jury. However, it would not cover someone's minor daughter who is severely injured and will never be able to work- not one single day in their life, not be able to have children, or experience life the way everyone else does. It would not award your spouse that you just married and is severely injured by a botched surgery and will now never be able to have children of her own, which means you will not have children either.
My point regarding tort reform is leave it in the hands of our peers, who reside in one of the most conservative states in the nation. Why should the government step in and limit what we are entitled to. Why should Oklahomans allow your legislators to dictate to you what you are entitled to. Oklahomans deserve to know that tort reform is put in place to help doctors, hospitals, corporations, chamber of commerce, etc..it has no impact on alleviating frivolous suits, and it provides no protection to the citizens of Oklahoma.
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oulabman said...
Zeeb, that was not OK. A jury of your peers in OK would have told you to be more careful when you drink hot coffee. Hot coffee means HOT COFFEE;).
OK has some of the very lowest awards in the country. Tort reform is not needed.
I think I have more faith in 12 jurors than a group of OK legislators.
Tort reform