Tort Reform
By Daryl L. Hunter

America's medical industry is in a crisis due to frivolous lawsuits and outrageous judgments to victims. Tort reform is desperately needed.

Dictionary.com defines tort as: tort - noun. Law - Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.

Wyoming Senator Mike Enzi, R-WY, on 6-22-2006 called for reforms that will deliver quick and fair compensation to injured patients, while providing consistent and reliable results so doctors can eliminate defensive medicine and learn from medical errors. Saying the medical liability system needs to be repaired to work better for both patients and doctors. Max Baucus (D-MT) cosponsored with Enzi the Fair and Reliable Medical Justice Act. The bill is backed by a broad coalition of patient advocates and medical providers.

Enzi's Fair and Reliable Medical Justice Act's purpose is to restore fairness and reliability to the medical justice system by fostering alternatives to current medical tort litigation, including the creation of a special health care court that promotes early disclosure of health care errors, and provide prompt, fair, and reasonable compensation to patients who are injured by health care errors. To promote patient safety through early disclosure of health care errors and to support and assist states in developing such alternatives.

Sadly, on May 8th, the U.S. Senate failed to stop a Democrat filibuster on two other medical liability reform bills. The Medical Care Access Protection Act (Senate bill 22), a bill based on the successful medical liability reform in Texas which reduced insurance premiums by 22% and provides reasonable limits on non-economic damages ensuring patients, not personal injury lawyers, are compensated for injuries. The second bill, The Healthy Mothers and Healthy Babies Access to Care Act (Senate bill 23), addressed women's impaired access to prenatal and obstetric care caused by America's badly broken medical liability system. In many States, obstetricians, and gynecologists are being driven to close or dramatically reduce their practices because they cannot afford or even obtain medical liability insurance.

Sixty votes were needed to overcome the filibuster, but Democrat opposition fueled by huge financial support from the Association of Trial Lawyers of America scuttled the effort. Democrat's refusal to allow consideration of these two Medical Liability Reform bills triggered its quick and silent death. Lets hope Senator Enzi's Fair and Reliable Medical Justice Act, doesn't suffer a similar fate.

In a startling admission by Democrats, Senators Hillary Clinton and Barak Obama wrote in the New England Journal of Medicine, that high premiums "are forcing physicians to give up performing certain high-risk procedures, leaving patients without access to a full range of medical services." Clinton and Obama have sponsored the "MEDiC" bill.

The MEDiC program would promote open communication between patients and providers; reduce the rates of preventable medical errors; ensure patient access to fair compensation for medical injury, negligence, or malpractice; and reduce the cost of medical liability insurance. It would also provide federal grant support and technical assistance for doctors, hospitals, and health systems that disclose medical errors and problems with patient safety and offer fair compensation for injuries or harm. Participants would submit a safety plan and designate a patient-safety officer, to whom these disclosures and notices of related legal action would be reported. If a patient were injured resulting from a medical error or variance from standard of care, the participant would disclose the matter to the patient and offer to enter negotiations for fair compensation.

Doctors for Medical Liability Reform (DMLR) Chairman Stuart L. Weinstein, M.D. responded; "We're glad that Senator Clinton has finally seen the light and is willing to admit that medical liability lawsuits undermine patient health care, but her proposed 'MEDiC' legislation does nothing to address the fundamental problem and little to stem the mounting crisis."

This flurry of tort reform legislation wouldn't matter in Wyoming if Constitutional Amendment D concerning tort reform had passed in 2004. Jackson Attorney Gerry Spence spearheaded its defeat stating: "This is the biggest case that I've ever done," referring to his privately funded quest, a series of town meetings in the state to defeat this much need reform.

During his crusade, Gerry Spence said his law firm currently doesn't have any cases against doctors, and he hasn't had a case against doctors for some time. Immediately upon its defeat Spence bought a full page add in the Jackson Hole News and Guide for a class action lawsuit against Merck regarding Vioxx problems.

conservative book club

'And Rightly So' - Daryl L. Hunter's column published as inspiration dictates
 

A Deist Among The Mormons • By Daryl L. Hunter
What I think of the Mormons and why Mitt Romney should be President!

I live in a beautiful rural valley of 700 people in eastern Idaho and after I came to live here I found out that Utah isn’t the only place that is fifty percent Mormon..............................As a compulsively inquisitive geo-political junkie I decided to look through the Book of Mormon so I could learn a little about the belief of my neighbors. As with any outsider looking into another’s faith, I found many outlandish passages that would require faith to swallow, however, this is a characteristic that all religions share. What I have learned of my Mormon neighbors in the years since my voyeuristic venture into the sacred book of the LDS Church is more telling. My anecdotal experiences have revealed to me that I couldn’t have better neighbors or live in a finer community....................................................Although I can’t achieve faith, I admire, and may be envious of those who do. One of the problems I find in my on going analysis of life and faith is the paradoxical dichotomy of religion that fosters the Achilles Heel of human nature, “tribalism.” The tribalism of religion pits one religion against another, hence 99% of the worlds problems. The tribalism of Evangelicals is undermining the ability of their conservative brethren, the Mormons, to carry forward the flag of conservatism and I find this as an affront to common sense. -----------------------> More

Militant Islam 101: a history and warning • In the wake of the Iraq War, there has been much Monday morning quarter backing by America’s weak offensive line (liberals) who insist the “War on Terror” is to be waged only against Osuma bin ladens al Qaeda. This essay is to make the connection of pan-Islamo Fascism and its long terrorism history. As the democratic world confronts al Qeada’s Osama bin Laden, Ayman al-Zawahiri, Iran’s Mahmoud Ahmadinejad, Hezbollah ‘s Hassan Nasrallah, and their followers, many among us are trying to understand militant Islam, where it came from and its aims. The following background material is designed to give an overview of the phenomenon that has been called "militant Islam," "fundamentalist Islam," “Islamo Fascism” “Islamism,” or "radical Islam."

"Allah is our objective. The Prophet is our leader. Koran is our law. Jihad is our way. Dying in the way of Allah is our highest hope." - the Muslim Brotherhood

The roots of militant Islam go back to the thirteenth century-----------------------------> More

Independence Day reflections and hopesOn July, 4,1776 our forefathers mustered up the temerity to declare their freedom from the tyranny of a foreign government. This brazen act set forth the foundation to build the freest nation on earth. During the following 16 years this new country crafted the foundation for our nation to succeed. This first contract with America sowed the seeds for America’s future greatness, but did it also sow the seeds for America’s future demise as well?

Arctic National Wildlife Refuge (ANWR) Info ToursGovernor Frank Murkowski (R) AK should sponsor information trips to Alaska and ANWR for all influential people involved with this issue................... It should be mandated by Congress that all Congressional members must participate in these tours in if they wish to vote on such important legislation............................Extracting the oil of ANWR is an unavoidable eventuality. God put that oil there, and humankind will not allow it to remain there forever.

'And Rightly So' - Daryl L. Hunter's weekly column published in Jackson Wyoming's "Planet Jackson Hole" until 7-12-2006

Daryl L. Hunters Last Column For Planet Jackson Hole7-12-2006 For the past six months Planet Jackson Hole has provided me the opportunity to point out many wrongs, as I perceive them in our dynamic and rapidly changing area...................I hope that I have opened a window so our many newcomers can look at some of the endangered, traditional professions with empathy instead of scorn.................The flood of us newbie’s who devour the cattle ranches and farms are the locusts of the Greater Yellowstone Ecosystem.

Tort Reform6-28-2006Tort Reform • America’s medical industry is in a crisis due to frivolous lawsuits and outrageous judgments to victims. Tort reform is desperately needed...............Wyoming Senator Mike Enzi, R-WY, on 6-22-2006 called for reforms that will deliver quick and fair compensation to injured patients, while providing consistent and reliable results so doctors can eliminate defensive medicine and learn from medical errors.............Hillary Clinton and Barak Obama wrote in the New England Journal of Medicine, that high premiums “are forcing physicians to give up performing certain high-risk procedures,

The Spotted Owl Canard and Environmentalists6-21-2006The Spotted Owl Canard and Environmentalists • A funny thing happened here in our Northwestern forest; a giant canard has been shot out of the sky. One of the most fought over endangered species in the history of the West, the Spotted Owl, contrary to popular belief appears to be the victim of an invasive species from the eastern forest; the culprit, the Barred Owl.

In Defense of Logging and Loggers6-14-2006 • There have been few characters of American folklore with the stature of Paul Bunyon.......................It is refreshing to hear that this proud profession is still celebrated despite its vilification by America’s tree huggers who have turned a blind eye to their need for timber products.........................When we choose not to log our forests, by default we are choosing to look at burnt forests instead.

Public Land Ranching
Environmentalists would love to put this cowboy culture out of business

The Public Grazing Conundrum6-7-2006 •The face of the west is changing, what was once a frontier populated with hard scrabble farmers, loggers, miners, cowboys and ranchers has been infiltrated and is getting gentrified by interlopers from the cities that have a new plan for their adopted home, part of this plan is to end the grazing of our public multipurpose lands.

About Memorial Day5-31-2006Private First Class Jacob Allcott, 21 from Caldwell Idaho, was killed April 22 near Baghdad. On Friday May 5, I heard on the radio that the following day in order to honor Pfc. Allcott, that the people of Idaho Falls were going to line the funeral procession route to the Iona cemetery, I decided to go too pay my respects to our fallen soldier I did not know.

Conservatives are from Mars Liberals are from Venus5-24-2006Several years ago observation provided an epiphany that testosterone may be a factor of political ideological persuasion; later Governor Arnold Schwarzenegger put forth his oversimplified hyperbolic “girly-men” comment about the California Legislature apparently coming to a similar hypothesis.

The Wyoming Range: a drilling dilemma5-17-2006As an outspoken conservative multiple use advocate some will be surprised that I come down on the side of not drilling in the Wyoming Range, but it is not the first time;.......................Driving through the Hoback Valley I always marvel at the untouched beauty of its mountains and the timeless tranquility of its river bottom ranches, the Wyoming range to the west and the Gros Ventre Range to the east are breathtaking. Most any place else in the world this awe inspiring spot would be a tourist attraction but in Western Wyoming with its embarrassment of natural riches the Hoback Valley is just another pretty place.

Power of Place, or values5-10-2006 •• The power of place, well we sure have that! The question is what are we going to do with it? We inarguably live in one of the most beautiful places in the world, Yellowstone, the Grand Tetons, our rivers, mountains, wilderness areas and our plethora of wildlife has presented many paradoxical, insoluble dilemmas....................

A teachable moment  • 5-3-2006 • A teachable moment can be characterized by a current event one experiences or observes that provides an anecdotal example that can be illustrative by opening a window upon the past,............In 1783 a planned military coup was defused only by the personal intervention of General George Washington, ............During the Vietnam war the media’s incessant brow beating verbally emasculated our leaders robbing them of the tools they needed for bold, decisive leadership to win the war, In Iraq..............

J.P. Robinson, Star Valley Wyoming Cowboy, driving cows in the Wyoming Range
J.P. Robinson, Star Valley Wyoming Cowboy, driving cows in the Wyoming Range

The Cowboy: an endangered species4-26-2006 • The cowboy is one of America's most cherished and mythical figures. He symbolizes the mystique of the American west, a caricature of frontier courage, independence, and rugged masculinity. The iconical cowboy brings to mind, horses, cattle, the howl of a coyote, and wide-open spaces, the cowboy riding off into the sunset. In the west all these things are still alive and well but sadly the cowboy may be riding off into the sunset for good.

Illegal Aliens: Our legislators perplexing paradox • 4-19-2006 The illegal immigration debate has brought to the fore some interesting political dynamics that beg analysis. The imponderable elephant in the living room of this debate is the Hispanic voting block..........................Their convoluting of semantics is nothing but disingenuous subterfuge about their intent. For the sake of semantic clarity we can call it – lying! Their covert attempt to pass off a sow’s ear for a silk purse should not fly.

Family Values - a journey of discovery • 4-12-2006 •Growing up a child of alcoholics in a single parent home with a mother who sang the praises of..................Other than that I was the typical 70’s something counter culture rebel. During the 70’s and 80’s I was libertarian in many ways..............my opinion of a “Family Values” platform was: how lame.............Then I became a father.

Taliban in Jackson Hole4-05-2006After a commercial rafting trip one day, I asked this gal from Kansas how she liked her trip. She replied it was fun and it sure is pretty around here, but the mountains get in the way of the view..................“I felt I had looked into the face of evil,” Fund wrote after Rahmatullah defended the Taliban’s treatment of women and said he hadn’t seen any evidence that their “guest” Osama bin Laden was a terrorist.

Conservative Populism3-29-2006Conservative Populism- pop·u·lism - 1 - A political philosophy supporting the rights and power of the people in their struggle against the privileged elite.........- e·lit·ism or é·lit·ism - 1 - The sense of entitlement enjoyed by such a group or class. - b. - Control, rule, or domination by such a group or class. ................Liberals bandy about the word populism in a proprietary manner as if their social advocacy made them the de facto “peoples party”. I don’t think that they are correct.

The New Paganism3-22-2006 • There is a new Paganism taking root around the world and it manifests itself as environmentalism or more explicitly, Pantheism, a doctrine identifying the Deity with the universe and its phenomena, Fundamentalist Environmentalism, if you will..........Making a reasoned argument to a Fundamentalist Environmentalist to harvest any of earth’s recourses is akin to asking a Christian to give up Jesus.

Xenophobic paranoia or teapot tempest • 3-08-2006In the uneasy climate after the Sept. 11 terrorist attacks, the Bush administration’s hasty decision to allow Dubai Ports World to purchase of operations of six U.S. ports is incomprehensible to most Americans...........It is regrettable that the administration didn't factor perception by the American people into their analysis. ..........

Bison Crossing River in Jackson Hole Wyoming
Bison Crossing River in Jackson Hole Wyoming

Media should ignore ‘work product3-01-2006 • Two bills being considered by the Wyoming Legislature that would prevent public access to government e-mail........What a nit picking world we have created where we feel the need to read the mail of others,.....

A Cellulosic Ethanol plant may be coming to Idaho Falls2-22-2006 • According the the Ottawa Sun, Iogen an Ottawa biotech firm who specializes in Cellulosic Ethanol is hoping to build a $350-million factory in Canada or Idaho Falls,......Supporters of alternative energy sources say that thanks to biotech breakthroughs, we may soon be able to produce ethanol easily and inexpensively.....

Let Natives have a PC bison hunt2-15-2006Let Natives have a PC bison hunt • Montana, Gov. Brian Schweitzer's office is planning on changing how bison that wander out of Yellowstone are managed. In recent weeks........... Imagine, the Griswold’s family vacation to Yellowstone while watching for moose, elk, and grizzly bear they happen upon a real live native American bison hunt,

Freudenthal - Alito - Bush - in the news2-08-2006Gov. Dave Freudenthal’s recent trip to Iraq included meetings with Wyoming troops, Gen. George Casey and Ambassador Zalmay Khalilzad. The following are some of the statements he made while there........Justice Alito has emerged unscathed at the end of the gauntlet hosted by the Senate Democrats much to the chagrin of America’s liberals ......President Bush in his state of the union speech said a couple of important things that need to be driven home: “I have authorized a terrorist ........

National Elk Refuge, Jackson Hole Wyoming
National Elk Refuge, Jackson Hole Wyoming

Ethanol - now is a good time1-25-2006 • Ethanol is a commercially proven renewable bio-fuel which is used as an additive to gasoline, either as an oxygenate additive as mandated by federal or state "clean air" programs, or as an octane enhancer or gasoline substitute. It is refreshing to know that fuel choice is on the horizon and it is in our grasp to write an obituary for foreign oil.....

High Mountain Heli-skiing under attack again!1-18-2006High Mountain Heli-skiing under attack again!Jon Shick of High Mountain Heli-skiing, the 12 good paying jobs that he provides and the $870,000 that 1, 200 heli-skier days would bring into our community are under attack again.......Once again I would like to thank the environmentalist community for marginalizing themselves by putting forth another imbecile's argument to further their anti multiple use agenda on our forests. Their red hearing about heli-ski operators scarring and stressing the wildlife living in snow deep enough that powder hounds pay $725.00 a day to ski it is amusing.

The Elk Feed Ground Conundrum1-11-2006 • Wyoming's elk feed grounds are coming under increasing scrutiny because the feed grounds crowd elk into unnaturally small areas which foster conditions that are conducive to the transmission of disease, this is why brucellosis is so common on feed grounds and game farms, and it is only a matter of time.........

Freudenthal Second Strike Legislation1-04-2006 • Governor Freudenthal has proposed legislation that will require sex offenders who target children to get life in prison with no parole upon their second conviction. But predictably Casper criminal defense attorney Mike Krampner in defense of his customer base......

Christmas Present12-21-2005Christmas Present • Growing up as a child in America, as all children, I loved the Christmas season, the Christmas tree, lights, lawn decorations, candy, mistletoe, cookies, Santa Claus, elves, reindeer and most of all presents, it was a magical time of year. It sure was a surprise at age 12 when I found out that........

 

 

Custom Search
Bookmark and Share

This Page

jumping trout