Tuesday, October 20, 2009

Tort Reform Makes a Great Sounding Counterpoint, Doesn't It?

Thing is, it's not the magic bullet the GOP wishes it was. To be fair to everyone, even if would make a huge difference, it still wouldn't have a chance in hell at getting passed. Considering that Lawyer seems to be a very popular profession amongst our legislators, as well as the fact that the ABA has mucho pull, any meaningful tort reform is, and will be DOA. At the same time, and this is just personal speculation, every time I hear a legislator talk about it, I just know that while it sounds like they're talking about protecting doctors (a noble goal, hell my Dad's one), they will sneak all their corporate buddies onto that same train. I'll talk about that further on, but trust me, that's a horrible idea.

But what if the Legislative branch was full of doctors? We know they'd pass it in a heart beat. What would the ultimate savings for the country be? According to FactCheck.org, around 0.5% (Link). Sure it's savings, but it is hardly the answer that will, or even could replace the public option in any meaningful reform. By all means, include it. I have absolutely no problem with that. But realize that it's impact will be negligible.

As for my personal feelings on tort reform, here is another one that I'm conflicted about. Well, not so much conflicted as of two opinions, depending on circumstances. What can I say, I'm complicated. Anyway, on the one hand, I think there should be reasonable limits on how much you can be awarded, as well as rules to discourage frivolous suits. But let me clarify. That really only covers suing individuals and small businesses. On the opposite end of the spectrum, I'm all for the ability to sue the living crap out of any Mega-Corp that makes it's living killing and exploiting people. You know, Big Tobacco, Big Pharma, ummm, Health Insurers.  The system that allows them to exist is so broken as to be laughable if it wasn't so serious. Suing them out of existence is extremely justified. Replace them with corporations that are just as big if you want, but make sure these new entities understand that there are rules in a civilized society, and the failure to follow those rules will result in severe penalties. As it stands now, we have allowed our social contract to degenerate back to the days of "might makes right." Only instead of the village strong man or the government oppressing us, we've allowed business to dictate terms. It has to stop, and the only way to make sure it will is to draw a line in the sand. It's not socialism, it's not radicalism, it's not contrary to American values. In fact, I'll argue that fighting the soulless corporations is the highest expression of liberty and justice in our nation today. You want to be a new founder? You want to save the country? Start by passing Health Reform. Your children and grand-children will thank you.

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