DuBose has been an outstanding leader, bringing the caucus back from nothingness. The DPG has constantly failed us, with their inability to appoint a number of positions, such as anyone to handle communications.

Some states like Indiana used to cap wrongful death recovery at $5,000 for the loss of a child.

There’s a goal for Georgia’s GOP.

Why aren’t the Reps moving against dead weight committee leaders?

James Mills on Banking? Thinks the federal government is causing the banks to fail at a record pace in Georgia.

He can share the rope with Cagle.

He’s a done deal now, eh?

Let me pay you a rare and true compliment: Arguing with you is often educational.

http://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

Anyway… care on!

Thanks for filling me in on the Democrats method. You probably know that in the GOP the state party chairman is elected in a state party convention by representatives elected from each county. Delegates are apportioned by population.

In the case of children, I believe that in a case of wrongful death or health liability that projections are made for the earnings potential over the lifetime of the child. It is far from perfect, but it’s better than nothing.

As I said before, I would like to see two different systems in place. I’m sorry, but if I go through McDonald’s and spill hot coffee in my own lap then that is just a part of life and I shouldn’t try to turn liability insurance into The Wheel of Fortune.

On the other hand if a doctor amputates the wrong leg, that is another matter and I’m not sure there should be any cap at all on that. For medical malpractice cases if a doctor follows outlined procedure, there are no extenuating circumstances (e.g. the doctor is drugged out or has a hangover) and a not unforseen but unfortunate result occurs (e.g. a patient is warned than a particular brain surgery has a 25% chance of causing blindness even if procedure is followed) then the patient should not have the right to file a liability suit if one of those things does happen.

As for justice, I will quote an attorney friend of mine, “Don’t confuse justice with the law. They are not the same. If you want justice, wait until you die. You’ll get it then.”

Punitive damages/pain and suffering are capped at the $350k. Economic damages are not, but, remember, a child does not make an income…neither do retired people. The economic damages in such cases are limited to medical bills and funeral costs.

When this is the case there is little economic reason for a plaintiff’s attorney to take a case. The plaintiffs attorney is the individual that puts up all the costs for filing suit. Court fees as well as payroll at their firm or practice. As we have seen in every state where tort caps are introduced, all a malpractice insurance company has to do (and they do this at every turn) is over load the plaintiff’s attorney with paperwork, file for continuances, and lead extraordinarily long “witness” examinations in court. At the end of the day the attorney’s fees and costs often exceed $250k. When an initial determination is made as to whether to take a case, these costs are considered. Far too often people are denied the legal assistance constitutionally provided to them because of economic reasons. When an attorney takes 30-40% of a case’s winnings, and those winnings do not exceed the costs of going to trial, no suit is filed.

Furthermore, the out of court settlement is used much less often in states that have caps. Why offer an out of court settlement as a malpractice insurance company when you can just raise the cost of the case to a point at which it is no longer economically viable to pursue a lawsuit.

In addition to all of this, in the infinite wisdom of businessmen in the GOP, there are no separation clauses in their tort “reform” package they passed years ago. What has become the normal practice is for medical partnerships and hospitals to pool their doctors into a law plan at lower costs. This absolves the hospital of liability and places the liability on the doctor, but at a lower cost. It is considered a benefit (like health insurance). But, because there is no separation clause in the Act the hospital can fire the doctor (because we are in a right-to-work state) and the plaintiff is left suing not the hospital or medical partnership that holds the malpractice policy for their doctors, but you are then suing the doctor as an individual. As far as I have been briefed, in every case thus far in GA the medical partnership or hospital has fired their doctors that have committed malpractice and these doctors almost always file for bankruptcy when sued.

The most disturbing case I have encountered is being worked out right now and involves a drug addict doctor that botched over a dozen circumcisions. The hospital he worked at fired him and now he is being sued by over a dozen people whose baby boys’ lives have been destroyed. The individual doctor is being sued, not the malpractice company…because the hospital held the policy not him. He is going to declare bankruptcy and these people are going to get nothing.

That is not justice. That is the result of “conservatism” in Georgia. Richardson giving out favors for sex is nothing compared to this.

I know how it works in the GOP. How does it work with the Democrats?

In this case; however, I think you are giving too much credit.

As for tort reform, differences should be made between outcomes from errors that should have been prevented and results that are a given part of any procedure. There is a difference and Democrats do not want to distinguish between the two.

Also, is that $350,000 cap for the total award or is it just for “pain and suffering”?

Nobody in that party is content with being in the minority. Other than the rewards that come with being a legislator, the motives for going into public office also include policy making and in our system that is pretty much a function of being in the majority.

Tort reform is a big deal for the democratic party. Right now every person in GA should be praying to their deity that a drunk doctor does not operate on their child. The GOP stated very clearly that a person’s life is only worth $350k. I am wealthy enough that I would offer you $350k to kill your child so you could give an honest answer about whether or not the money was worth it. There is no difference between that and the GOP’s version of tort “reform.”

Injustices such as this are a huge motivator for people to seek elective office and for a party to seek a majority.

Afterall, it isn’t Porter’s fault that that inept moron Jane Kidd got elected to the chairmanship.

Nice try at spin, but it doesn’t work. Even persons with chronic olfactory conditions will smell this one a mile off.

What DuBious Porter and his minions did is cave to someone who was out of control. There was no foresight here, just contentment with their status as the minority party.

What Porter and the democratic caucus did by not nominating a protest candidate for Speaker was brilliant. For one, as far as the public is concerned, the democratic party showed that it is not interested in partaking in futile political procedures and wants to do the work of The People. Whether that is true or not is not what matters, what matters is that if the Democratic party can raise enough money to convey that message it will be received very positively by the voting community.

Secondly, and this is what is the brilliant part, knowing of Richardsons infidelities and still not putting up a protest nominee to me states that the Democratic caucus, more than anything, wanted to ensure a public embarrassment to the GOP. Atleast, that is what I would have done were I still an operative.

The Party with the supposed monopoly over Christian morals and family values elected a philandering and corrupt (no suprise) Speaker to lead them in the legislative process. At this point I would recommend the Democratic Caucus to issue a statement asking that all legislation passed under the Richardson Regime to be reassessed in the wake of this scandal.

“For a chamber of such repute to be besmirched by a pathological liar and cheat such as former Speaker Richardson, we, in order to establish and maintain the level of integrity and responsibility bestowed upon us by the People of this Great State hereby request that all legislation that has gone through the committee process be re-evaluated. We can not know the extent to which Speaker Richardson’s corruption and deceit has robbed the People of Georgia of liberty and justice until such a measure is undertaken.”
(Intro to Speech that should be given by Democratic leadership in January).