Position Statement - www.iCan2000.com

Tort Reform

Me thinks thee doest protest too much !   Keep this thought in mind as you consider the following . . .

  • Insurers deny - delay - defraud - defend against legitimate claims brought by honest reasonable people seeking only that to which they are reasonably entitled. This conduct is carried on to the point where consumers are forced to retain legal counsel and seek justice in court. Then, when a jury of reasonable people, after a full hearing of the facts, brings back a judgement against the insurer their Spin Doctors blame the legal system for their already excessive premiums and threaten to raise premiums even higher unless the Consumers’ right of access to justice is restricted.
  • If a jury brings back a judgement that truly is excessive, the amount of that judgement award will be dramatically reduced upon review by the trial judge. However, until that review, the insurer’s Spin Doctors will get their word track played in the media touting the “Tort Reform” movement. When excessive jury awards are significantly reduced by the trial judge, it will rarely be given any media coverage - - if at all.
  • Tort Reform would limit a consumers’ right of recovery at law to that which they were entitled all along. For a consumer to collect what is due them, they would have to pay substantial legal fees and wait out the legal process. Good for the Insurance Industry - - Bad for Consumers.
  • Follow the Money — Look at what Major Corporations are Contributing to which Politicians who are, in turn, beating the “Tort Reform” drums.
  • You can prove anything with figures — There is no standardized accounting test to determine an insurer’s financial viability. Insurance Companies are free to “Cook the Books” any way they want to prove anything they want.
  • Medical Mal-Practice Insurance Premiums are driving Good Doctors away from their profession because of Three [3] Tragic Flaws within the health-care delivery system . . .

    1. Good Doctors have to pay the liability expense of Bad Doctors that harm patients . .
    2. The Medical Profession does a very poor job at policing their own. They allow Bad Doctors to continue putting the public in harms way . .
    3. Health Insurers / HMOs impose cost-based medical treatment decisions that override the best medical opinions of the health care provider. That practice compromises the quality of health care being delivered.

    Address these Tragic Flaws and the Medical Mal-Practice Insurance Premium “Crisis” will resolve itself - - Victims of Medical Mal-Practice need not be victimized again by repressive Tort Reform.

By now you’ve certainly heard the McDonald’s "Hot Coffee" story. Tort reform advocates like to point to it when arguing for limiting Consumers’ Rights. Click Here to read the Rest of the Story.

Before we consider discarding Consumers’ Rights to redress in a Court of Law, to address a symptom that may or may not exist, the Insurance Consumer Advocate Network believes it more prudent to focus on the systemic flaws within the insurance industry. We believe the Policyholders’ Bill of Rights does just that.

Tort Reform - - Good for Insurers - - Bad for Consumers - - Not Proven to be Needed !