Originally Posted by jeffandbecky
Absolutely correct about getting more people on the government insurance program instead of a private insurance plan.
One of the unintended consequences will be freezing those people out of the court system should they become victims of medical malpractice. In July of last year the Texas Supreme Court issued a sweeping ruling that the basis for damages in malpractice cases would be the amount paid for care rather than the amount billed. The effect was to make all Medicare patients claims uneconomical to pursue in court. To quote an Austin personal injury attorney, who happens to be a friend of the family, "my ideal client would be homeless who happens to get run over by a UPS delivery truck".
That's the "hope and change" we will be getting with Obamacare when it is fully implemented.
The limitation on damages in Texas that you describe above was a result of the 2003 Texas Tort Reform Act
, championed by the the insurance industry and their Right-wing friends in the state legislature, and enacted by the Texas Legislature under none other than Gov. Rick Perry
Nonetheless, I'd love to hear your spin on how this aspect of the 2003 Texas legislation is the result of Obamacare. But maybe you should ask your friend of the family first.