[geeks] just to stir things up, a few predictions

[geeks at litfire.com]

Geoff Mendelson said:
> And in general, if you sue someone for damages, you must prove damage and
> you will be awared by the judge (no juries here for civil cases) exactly
> what you prove. No tripple damages, no legal fees, etc.

The American people have become litigious in a "get rich quick" blindness.

Malpractice cases should go to a medical review board with influence over
licenses to practice medicine.  Cases could be judged as one of three
categories... say... Gross Negligence, Error, or Unfortunate Outcome.

Gross Negligence would lead to a mandatory suspension or revocation of the
license to practice medicine, and pave the way for criminal negligence
charges.  Maybe max out judgements on this at $1m.

Errors - physicians are human - if they didn't catch things they should
have, or miscut while performing surgery, have the review board assess
penalties from a warning to testing for recertification/relicensing to
suspension.  Cap these judgements at $250k.

Unfortunate Outcome would mean that it was decided that if someone comes in
with a situation in which medical staff would have had to perform
exceptionally well to avoid the circumstance, well, them's the breaks if
they simply performed adequately.  Adequately should be measurable, but it's
really unreasonable to expect greatness on a consistent basis.  Government
protection from civil and/or criminal liability would be provided.

--

Conspiracy charges for medical institutions, biotech, etc. could have a
separate set of rules, but physicians who are negligent enough that juries
have been awarding multimillion dollar verdicts against them should face
prison, or the judgements should be lowered.

-Anthony