Just finished reading John Edwards' "Four Trials"

[kanrok]

I highly recommend this book. It makes me proud to be a father, a lawyer, and a Democrat. Regardless of how you feel about Edwards as a candidate, this book will provide an insight into Edwards as a man. He is decent, honest and credible. I was an Edwards supporter with a small "s" before reading this book, now I really like him, regardless of his perceived chances at the nomination.

[THUNDER HANDS]

1. you know something I never thought about

With Dean and Edwards in the race you have represented, two feirce professional enemies in almost every sense.

Dean is a doctor, Edwards is a trial lawyer. Those two professions probably could not hate eachother more.

The odd thing is, Edwards has been the nicest to Dean of any major candidate.

I don't know if this makes any sense, but it's something I just thought of when reading your post.

I wonder where the two differ on medical malpractice suits, if they differ at all.

[kanrok]

2. As I understand Dean's position on this issue

He disfavors medical malpractice "reform." On edit: I'm a lawyer and happen to like and respect doctors tremendously. Most lawyers I know feel exactly the same way. John Edwards talks about his respect for medical professionals and the "casual heroism" they engage in on a daily basis. As for doctors who commit malparactice, I don't hate them either. I hate the result of the negligence, but not the health care provider.

[THUNDER HANDS]

3. hmm

I have no knowlege of his position on it, but that seems odd to me. Just by Dean's makeup and the stances he takes on economic issues, I'd guess he'd side with most doctors and insurance companies in taking on the trial lawyers.

[kanrok]

4. Found a quick quote from Dean on malpractice

"MC: The Republicans have been pushing a federal cap on malpractice awards as a way to rein in health care costs. Is that appealing to you?

HD: I think it's unconstitutional, unfortunately. As a physician, of course, I'd like something done about malpractice. But I can't imagine the Supreme Court upholding the notion that Congress has the right to tell the state Legislatures what laws they can and cannot pass and state courts how they're going to enforce them. I think this is just another political move by the Bush administration. They're not serious about this. I have no doubt that if the Senate passed it then the president would sign it. And then it would quickly be declared unconstitutional."

I guess this means he agrees with me on this issue. I believe that malparactice reform is a state issue, not a federal issue. It astounds me that repukes blithely toss aside the "state's rights" issue when politics is the issue.

[THUNDER HANDS]

5. I'm glad you found that, thanks

But it still seems to me that Dean would probably be more willing to reform MM than Edwards would. But I guess that's just stating the obvious.

[kanrok]

6. I think you're right about that one, here's another interesting quote:

(By the way, I don't necessarily disagree with this).

Q: What are Dr. Dean’s thoughts on the Malpractice Crisis?
A: Click here for a link to Dr. Dean’s Statement on Medical Malpractice Reform, and Comments from the Doctors for Dean Leadership Council about Dr. Dean’s Malpractice Reform plans.

Dean’s Statement on Medical Malpractice Reform

Comments from the Doctors for Dean Leadership Council
Tort reform is clearly a hot issue for all healthcare providers. As a primary care physician who practiced for a decade in Vermont, Dr. Howard Dean understands that we need to make sure we create a very powerful tort reform solution that addresses both the short-term crisis as well as the long-term problem.

Like many things in healthcare, tort reform is a very complex issue with no simple solutions. For example, research has shown (http://www.weissratings.com/malpractice.asp) that caps on non-economic damages simply are not enough for the complex malpractice crisis we are facing; rather, tort reform needs to take a multi-dimensional approach to truly work in the short and long term. In fact, States that have been successful in keeping premiums in check all have a combination of solutions, which might include caps, pre-trial hearings, expert witness regulations, etc… Additionally, a Federal malpractice cap would likely violate both Federal and State constitutions- making it almost certain that lawyers would challenge a Federal cap- thus keeping any federally based law tied up in courts for several years, while the malpractice crisis worsened.

So when Howard Dean says he does not support a Federal cap, it is because he realizes we can do better than that. What Dr. Dean proposes is that (1) The Federal government pass laws that will decrease errors and improve quality, striking at the core of malpractice problems- treating the disease, not just the symptoms; and (2) The Federal government strongly support states in creating whatever tort reform systems will work in their own jurisdictions- as has been done in some states already (his favorite example is the pre-trial expert panel review systems such as the one enacted in Maine). These are real solutions to real problems, with an understanding of the true complexity of the issues.

[ngGale]

7. John Edwards--"Four Trials"

From North Carolina, thank you, on his behalf. He is a good, decent and honest man. I worked for his Senate campaign and feel bad that because of his presidential bid, he will lose that seat. He is a good Senator and I did have hope for his political future. I do think he still has potential for future office. His book "Four Trials" in retrospect, should have come out earlier. The personal touch and feel can do wonders for a candidate.

[kanrok]

8. I wouldn't give up the ship just yet

He's positioned about the same as Clinton was in '92. BTW welcome to DU. :toast: