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USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

this is a discussion within the Saints Community Forum; Originally Posted by AsylumGuido In addition, Louisiana has a malpractice cap of $500,000 even if a court awards millions. If there were clear negligence that would be a clean cut settlement ... under the radar. And that is bad law, ...

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Old 09-26-2020, 04:22 PM   #1
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
In addition, Louisiana has a malpractice cap of $500,000 even if a court awards millions. If there were clear negligence that would be a clean cut settlement ... under the radar.
And that is bad law, and this is why...

I'm no fan of trial lawyers, or lawyers in general; I've exactly two friends who happen to be lawyers, one is in subrogation and the other now does personal injury...

But all that malpractice cap is done is give actuaries a number to plug in to absorb those cases, causing everyone's medical bills to go up to absorb that cost...

Now, take that cap away and bad doctors can be sued out of practice, and that's as it should be - the market correcting itself...

But one thing you're right about, they're are many settlements that go for much more as the depositions for those doctors can get quite personal...

Once knew one who had to admit to three affairs in one day, no wonder she was exhausted with her patients; but her divorce proved to be more costly...

It's not that my way is the right way, I just make the right way my way...
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Old 09-26-2020, 04:49 PM   #2
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by jeanpierre View Post
And that is bad law, and this is why...

I'm no fan of trial lawyers, or lawyers in general; I've exactly two friends who happen to be lawyers, one is in subrogation and the other now does personal injury...

But all that malpractice cap is done is give actuaries a number to plug in to absorb those cases, causing everyone's medical bills to go up to absorb that cost...

Now, take that cap away and bad doctors can be sued out of practice, and that's as it should be - the market correcting itself...

But one thing you're right about, they're are many settlements that go for much more as the depositions for those doctors can get quite personal...

Once knew one who had to admit to three affairs in one day, no wonder she was exhausted with her patients; but her divorce proved to be more costly...
Maybe that cap could go away if every swingin' d!ck in this state didn't sue everybody within twenty miles whenever someone farts in their presence.
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Old 09-26-2020, 08:54 PM   #3
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
Maybe that cap could go away if every swingin' d!ck in this state didn't sue everybody within twenty miles whenever someone farts in their presence.
They sue because most cases don't meet a threshold for a jury trial. If trial lawyers suddenly are faced with the expense of underwriting a jury trial that they may lose, you'll see the lawsuits numbers drop...

Why do you think Morris Bart has lobbied so hard in the legislature? And backed the current governor so generously?

Start making those cases go to jury trial, and then you'll see only the legit cases get to court as trial lawyers won't walk into court on the hook for those court fees when they could lose...
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Old 09-27-2020, 09:53 AM   #4
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by jeanpierre View Post
They sue because most cases don't meet a threshold for a jury trial. If trial lawyers suddenly are faced with the expense of underwriting a jury trial that they may lose, you'll see the lawsuits numbers drop...

Why do you think Morris Bart has lobbied so hard in the legislature? And backed the current governor so generously?

Start making those cases go to jury trial, and then you'll see only the legit cases get to court as trial lawyers won't walk into court on the hook for those court fees when they could lose...
Maybe one out of every 200 cases ever make it to court. Most are thrown out for lack of grounds very early on. The small percentage that have some grounds are usually settled via mediation and never reach court. Yet, all of those still cost the insurance companies millions in legal fees even if the plaintiff doesn't get anywhere with the suit that they filed.
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Old 09-27-2020, 01:48 PM   #5
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
Maybe one out of every 200 cases ever make it to court. Most are thrown out for lack of grounds very early on. The small percentage that have some grounds are usually settled via mediation and never reach court. Yet, all of those still cost the insurance companies millions in legal fees even if the plaintiff doesn't get anywhere with the suit that they filed.
History. If you look at the number of cases and the costs before and after Trial Lawyers lobbied and got the law changed to raise the threshold for a trial jury, the numbers are night and day...

Louisiana is one of the most litigious states in the Union, and it's no wonder that Trial Lawyers are a big drain on what should be the South's second leading economy...
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