Edwards Suddenly Supporting Tort Reform?

[wyldwolf]

Hey, not that I totally disagree. I've always found arguments on both sides of the issue to have merit. But "tort reform" has been one of those issues "progressives" have rallied against in recent years...

(AP) Democratic presidential candidate John Edwards, who made his fortune as a trial lawyer, says attorneys should have to show their medical malpractice cases have merit before filing them.

He also said attorneys with a history of frivolous suits should be barred from filing new cases.

Edwards' proposal is similar to "certificates of merit" laws that have been adopted in several states in recent years. Those laws usually require that an independent doctor assert the validity of a malpractice case before it is filed.

http://www.cbsnews.com/stories/2007/09/25/politics/main3294998.shtml

[acmavm]

1. And this is bad how??

[wyldwolf]

4. I dunno. I don't find it bad at all.

But tort reform, like I said, has been one of those evil GOP ideas (at least according to many on the left.)

[Mass]

2. Not new - This was in the 04 health proposal.

and may have been in his primary proposals as well.

[sandnsea]

3. He said this in 2003 too

This isn't new, this has always been part of his health care plan. What elections have you been paying attention to anyway?

[redqueen]

5. How is it suddenly?

:shrug:

[Parche]

10. I Like Torts Just The Way They Are

:hide: :hi:

[Gman]

6. The problem with tort "reform" is

it's often done in an atmosphere whipped up by a few seemingly outrageous anecdotes to create an air of urgency. When one digs just below the surface, usually there is not any problem and one discovers the whole push is driven by a few rich and corporate self-interests that would cut them a break.

Best recent example is asbestos litigation and Halliburton. Cheney was stupid enough to buy some asbestos companies and assume their contingent liabilities that were bound to become real.

[Lucinda]

7. Is this a new position for him or is he just on the record now?

It seems in keeping with a lot of the things i've heard from him in the past...

[JDPriestly]

8. Most attorneys, Edwards included, are honest and try to serve justice as well as their clients.

If you want tort reform, bring in single-payer, universal health insurance. Why do people sue doctors? Because they fear having to pay for endless medical bills to correct the mistakes the doctor made. On rare occasions, they sue for losses such as an operation on the wrong leg.

California has a cap on medical malpractice recovery beyond economic damages, and also a notice requirement before filing suit.

[Captain Hilts]

9. 'Tort reform' is a movement fueled by the tobacco, pharmaceutical and auto industries. nt

[Hieronymus]

11. Sounds good to me .. do you have any instance of Edwards

bringing a frivolous suit?:eyes:

[hedda_foil]

12. Should we give you the benefit of a doubt, Wyldwolf?

Should we give you the benefit of a doubt and assume you don't know what the f%%# the rightwing red herring of "tort reform" means? Because if we don't, it would mean that you're being -- um --- disingenuous and trying to smear another candidate by turning the meaning of what Edwards suggests on it's head and equating it to tort reform. On the off chance that you haven't noticed, tort reform is all about limiting corporations' liability for destructive behavior by putting legal caps on awards and restricting class action suits. Edwards' perfectly reasonable suggestion is completely different, as I suspect you already know.

[wyldwolf]

13. hedda_foil to be completely honest I don't give a rat's ass about anything you have to say.

I mean, you didn't pick your username here based on your reasoning abilities and proclivity for giving the benefit of the doubt.

[BootinUp]

14. I remember a similar policy from Eddie

in '04. Back then it included a 3 strikes and your out clause to bar lawyers that make a living on frivolous lawsuits. Sure I agree with him that the right way to attack the problem is to reduce the frivolous lawsuits. I am generally against limits in compensatory and punitive damages.