Domain: tiger-web1.srvr.media3.us Tort Reform - Bond for Future Medicals | Page 3 | Political Talk
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re: Tort Reform - Bond for Future Medicals

Posted on 3/16/20 at 6:48 pm to
Posted by boosiebadazz
Member since Feb 2008
84923 posts
Posted on 3/16/20 at 6:48 pm to
quote:

Simply trying to improve the system and protect the plaintiff.


Do you have any data to suggest this a a widespread problem that Plaintiffs get awarded money for future medicals and then can’t pay for procedures in the future? As the proponent of change, I’d suggest you have the burden to show why it’s needed.

Do you have any data or is it anecdotal from your practice?
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 3/16/20 at 6:50 pm to
quote:

No they have gone and continue to go well. I do appreciate the personal attacks instead of discussing the proposal though.

It’s jumping through hoops to ask for money before a procedure? I’m not suggesting further approval or medical necessity. Simply suggesting actually having the procedure to get the money.


Is your goal for insurance companies to pay less or so the burden doesn’t fall on Medicare/Medicaid?

They’ve been awarded the money. You can’t tell folks how to spend it. Maybe a solution is to set it up like an MSA. “Here’s your medical money. But If you spend it on a Cadillac, Medicare ain’t paying for these body parts”
Posted by KemoSabe65
70605
Member since Mar 2018
6669 posts
Posted on 3/16/20 at 7:27 pm to
Never disclosed; race, veteran status or collar on an auto quote. How many auto quotes have you run in the last 20 years?
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 3/16/20 at 7:29 pm to
quote:

Never disclosed; race, veteran status or collar on an auto quote.


Are you in Louisiana?
Posted by KemoSabe65
70605
Member since Mar 2018
6669 posts
Posted on 3/16/20 at 7:49 pm to
Yes
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 3/16/20 at 7:54 pm to
so you’re saying that it’s a lie that those things are considered in rates?

The Advocate
Posted by DownSouthJukin
1x tRant Poster of the Millennium
Member since Jan 2014
31776 posts
Posted on 3/16/20 at 8:53 pm to
quote:

I’m an attorney and practice in several fields, including insurance defense. I also have personally injury cases.



And, (1) you didn’t know about Medicare set-asides, (2) you aren’t familiar with the contractual interplay between insurers and insureds, and (3) you want more tort reform?
This post was edited on 3/16/20 at 9:04 pm
Posted by Boatshoes
Member since Dec 2017
6775 posts
Posted on 3/16/20 at 9:20 pm to
quote:

I know Plaintiffs' counsel would prefer that the future medical needs of their clients, as detailed in the life care plan, are met


Plaintiffs' counsel just wants to get paid.
Posted by KemoSabe65
70605
Member since Mar 2018
6669 posts
Posted on 3/16/20 at 9:48 pm to
More fake news from the progs, widows penalty is losing the discount of multi auto. Give me the same zip code, credit score, age, auto insured, driving record and rating between male/female will not change. The sjw crowd is selling a load of shite just like Gov Honor Codes sells the wage gap between males and females that really doesn’t exist but it gets the feels.
Posted by Wednesday
Member since Aug 2017
17110 posts
Posted on 3/16/20 at 9:53 pm to
I approve
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86825 posts
Posted on 3/16/20 at 10:00 pm to
quote:

Let me let you in on a secret.. if you think plaintiff lawyers are the unscrupulous ones it’s time you really dig in to what your attorney is billing you
Oh good grief.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86825 posts
Posted on 3/16/20 at 10:01 pm to
quote:

They’ve already been awarded the money and the procedures. Why do they need to jump through more hoops to have access to it?
Because they are never going to have those lifetime ablations.
Posted by boosiebadazz
Member since Feb 2008
84923 posts
Posted on 3/16/20 at 10:02 pm to
Then prove that to a jury
Posted by NIH
Member since Aug 2008
121020 posts
Posted on 3/16/20 at 10:05 pm to
We need real tort reform. You get a number from the insurance company after a wreck, you plug it into the app created by the Republican State rep’s brother’s company, and you get a dollar figure that you can either accept or dispute to an injury review panel sponsored by Exxon
Posted by boosiebadazz
Member since Feb 2008
84923 posts
Posted on 3/16/20 at 10:06 pm to
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86825 posts
Posted on 3/17/20 at 9:46 am to
quote:

Then prove that to a jury

Posted by NaturalBeam
Member since Sep 2007
14870 posts
Posted on 3/17/20 at 11:43 am to
quote:

My main concern is a plaintiff’s ability to pay for care a decade or more after a lawsuit, and after 40% has been taken away. This process works well in med mal with the PCF.
The fee comes off the top regardless so the set asides don’t affect our fees. Thus, I can objectively tell you (since my fee is the same) that the set aside hoops to jump thru are extremely onerous for a plaintiff and would absolutely NOT be in their best interest.

So it seems that the only reason you’d support this measure is to try to penalize the plaintiff’s attorney (which it wouldn’t actually do anyway).
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