Thursday, February 27, 2003

Maybe she didn't die in vain. Jésica Santillán, the 17 year old, who died last weekend at Duke Medical Center, may become a focal point of the debate over malpractice caps, according to the New York Times. It's a shame, of course, that it takes this type of tragedy to viscerally illustrate the the stakes in the debate over whether to limit damages.

Said one Republican lobbyist:

The entire effort hit a brick wall this weekend," the lobbyist said. "This was a very heavy lift under the absolute positive best of circumstances, and the circumstances just took a turn for the worse.

And, apparently even die-hard Repubs are starting to head for the hills:

But another senior Republican, Senator Orrin G. Hatch of Utah, said any legislation to cap malpractice awards would have to have an exception for egregious cases.

"I question whether anything would pass that did not have some way of solving the hard cases," said Mr. Hatch, who is the chairman of the Senate Judiciary Committee and is working on a draft of a Senate bill.

What Sen. Hatch seems to miss is the fact that every medical malpractice case is "the hard case." I haven't seen one yet where the defense did not fight the case as if it were the last lawsuit on Earth.


Mary Alexander, the association's president, said it would be extremely difficult for the Santilláns to sue under a $250,000 cap, because it costs nearly that much to bring a case.

"Her tragedy shows what this arbitrary, one-size-fits-all cap means," Ms. Alexander said.

Read the whole article to see that Big Insurance and the doctors still don't -- or won't -- get it. Example: Tom Delay, the House Majority Leader, said, "Obviously, the tragedy in North Carolina was just horrific and unfortunate....It doesn't change anything."

Tell that to Jessica's parents.

UPDATE: Here's a story from FoxNews on the subject.

1 comment:

Anonymous said...

Youth is warcraft leveling not a time of life;warcraft leveling it is a wow lvl state of mind; wow power level it is not power leveling amatter of World of warcraft Power Leveling rosy cheeks, red wrath of the lich king power leveling lips and supple knees;WOTLK Power Leveling it is a matter of thewill,wlk Power Leveling a quality of buy aoc gold the imagination,aoc gold a vigor of the emotions; it is thefreshness of the deep springs wow gold of life. Youth means a tempera-mental maplestory mesos predominance of courage over timidity, of the appetite formaple story mesos adventure over the love of ease. wow gold This often existsin a man of 60 more than a boy of 20. Nobody grows old merely by anumber of years.