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BabyCakes
| Favorite team: | LSU |
| Location: | Northshore |
| Biography: | |
| Interests: | |
| Occupation: | |
| Number of Posts: | 110 |
| Registered on: | 11/16/2016 |
| Online Status: | Not Online |
Recent Posts
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Very sad to hear. SPS will not be the same without him.
Build a small staircase with books leading to a plastic bin. Sprinkle food up the stairs and then put a handful in the bin. The gerbil will be in the bin in the morning.
re: Is Dental Insurance More of a Mess than Health Insurance?
Posted by BabyCakes on 1/18/23 at 1:54 pm to TigerBlood62
quote:
Thanks, Obama.
Thanks, FDR.
quote:
ut I’m sure some q tards who believe all those lies and fantasy will tell us how it’s gonna lead to mind control and microchipping and super time travel to see JFK jr.
I understand those at risk jumping in on the first round of the vaccine. I also understand those at low risk not wanting to subject themselves to a hastily prepared vaccine for a virus that his little chance of harming them.
It might surprise you to know that mistakes are routinely made in medicine. It was not that long ago that children were sprayed directly with DDT, or that pregnant women were assured thalidomide was safe.
re: Hot Take: The focus shouldn't be on abortion
Posted by BabyCakes on 11/11/20 at 9:22 am to MontyFranklyn
I would like to see female birth control that lasts for ten years. It can be distributed to all children as soon as they hit puberty.
re: Do you think it’s sexy when girls cry?
Posted by BabyCakes on 3/26/20 at 8:41 pm to DavidTheGnome
Generally no, other then Dani Daniels
re: Wow---what do you think this will mean for small employers that try to stay open?
Posted by BabyCakes on 3/18/20 at 10:10 am to I B Freeman
Looks like the unemployment rate is going to rise right before this becomes effective.
No they have gone and continue to go well. I do appreciate the personal attacks instead of discussing the proposal though.
It’s jumping through hoops to ask for money before a procedure? I’m not suggesting further approval or medical necessity. Simply suggesting actually having the procedure to get the money.
It’s jumping through hoops to ask for money before a procedure? I’m not suggesting further approval or medical necessity. Simply suggesting actually having the procedure to get the money.
Don’t people with health insurance all the time apply for money for a procedure? Seems to work well enough for the rest of us.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 6:40 pm to boosiebadazz
Once again, not trying to meet the red herring of claiming it has to lower rates. Simply trying to improve the system and protect the plaintiff.
My main concern is a plaintiff’s ability to pay for care a decade or more after a lawsuit, and after 40% has been taken away. This process works well in med mal with the PCF.
It’s pretty simple, when the time for another procedure hits in the life care plan, they go to the doctor that recommended it and have it scheduled. The doctor is then paid from the fund once it is performed. Benefits all really, except plaintiff attorneys I suppose.
My main concern is a plaintiff’s ability to pay for care a decade or more after a lawsuit, and after 40% has been taken away. This process works well in med mal with the PCF.
It’s pretty simple, when the time for another procedure hits in the life care plan, they go to the doctor that recommended it and have it scheduled. The doctor is then paid from the fund once it is performed. Benefits all really, except plaintiff attorneys I suppose.
I’m good with a loser pays system, as long as Plaintiff’s counsel pays when they withdraw and abandon a plaintiff.
Also, still waiting on the flaw in my proposal. Classic personal injury attorney, attacking the person and advancing irrelevant arguments when they can’t address the real proposal.
Also, still waiting on the flaw in my proposal. Classic personal injury attorney, attacking the person and advancing irrelevant arguments when they can’t address the real proposal.
I thought you guys were worried about your client’s best interest? Doesn’t this proposal help ensure their medical needs are met? You don’t really want to take 40% of funds someone needs for healthcare, right?
I’m an attorney and practice in several fields, including insurance defense. I also have personally injury cases.
What I’m advocating for is common sense in damage awards, and actually would harm me financially.
Do you have a legitimate argument against my proposal? Or would you rather just continue with a broken system and bankrupt state to enrich yourself?
What I’m advocating for is common sense in damage awards, and actually would harm me financially.
Do you have a legitimate argument against my proposal? Or would you rather just continue with a broken system and bankrupt state to enrich yourself?
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:59 pm to boosiebadazz
quote:
I must be doing something wrong. I welcome biomechanics testimony in my cases.
Sounds like maybe you have legitimate cases with significant damage to the vehicles. That is not what I have been seeing lately.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:57 pm to boosiebadazz
quote:
Does the Plaintiff not get to hire a biomechanics expert, too? And presumably the jury would get to hear from both, no?
They are welcome to hire one as well. There is a split on the issue of even allowing biomechanical testimony at all, and it actually went to the LA SC recently. Plaintiff's counsel are terrified of biomechanical testimony, and fight tooth and nail to keep it out.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:55 pm to boosiebadazz
quote:
And then a jury makes a decision on who they believe?
Often, they will split between a reasonable number and the inflated number, still resulting in far too high og an award.
quote:
What you’re proposing puts a Plaintiff in the position of begging for money a jury has awarded to them after hearing competing evidence. What if I get a health condition and I’m no longer a surgical candidate? What if I decide I don’t want to risk the surgery? Why should I have to beg for money a jury has already awarded?
No, it simply requires a Plaintiff to have a surgery to be awarded future medicals. Future medicals is a special damage award. If a Plaintiff dies during a lawsuit, we do not award future medicals for surgeries he was unable to have.
General damages compensate for pain and suffering, etc. Future medicals are supposed to be for procedures the plaintiff will have. If the plaintiff does not have them, he should not receive them. Otherwise, it is just another general damage award.
quote:
And if juries are such wild cards that this is happening so much as to be a problem, why on earth do you want more cases going to a jury?
I have not asked for this in my post. I suppose those that want more juries are trying to decide between the lesser of two evils.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:51 pm to boosiebadazz
quote:
Does the defendant get to hire a doctor, life care planner, and economist to give their version of what the number should be?
Yes, and beliieve it or not, the subjective statements of someone who stands to profit from the lawsuit (the Plaintiff) are also given credit by IME providers. Heaven forbid you try and bring in a biomechanics expert, Plaintiff's counsel does not like objective evidence.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:37 pm to DownSouthJukin
quote:
We already have the ACA. Do you want the government more involved in collecting money for insurance companies, or would you rather leave that as something to be handled in a contractual manner between the insurer and the insured?
I'd rather keep the government out of the insurance company collections business.
My real concern is paying a Plaintiff for a surgery/procedure they never have any intention of receiving.
If you do not work in this field, you may not realize that a Plaintiff is directed to certain providers. They continue to treat the Plaintiff based on the Plaintiff's subjective pain complaints. That's right, the person who stands to profit from the lawsuit drives the medical treatment as long as still "in pain." The Plaintiff's word that he was not hurt before, and is hurt after, the accident are also accepted by the providers, unless they happen to have prior treatment in the same area.
Eventually, a doctor, life care planner and accountant get together and estimate the future medical needs. This becomes "evidence" in front of a jury, or for use at a settlement conference. Often, the future medicals total in the millions of dollars. Once paid, all treatment stops. Plaintiff's counsel gets 40% of the future medical treatment, and Plaintiff pockets the rest. It is amazing how often a settlement or verdict results in a miraculous cure.
A system that only doles out payment as procedures are performed would disincentivize this behavior, and remove Plaintiff's counsel's cut. It would also have a benefit by making sure money is there if future procedures are actually needed.
You may not realize it, but this process already occurs with the PCF. I am curious to hear why it would not be better then the current system.
re: Tort Reform - Bond for Future Medicals
Posted by BabyCakes on 3/16/20 at 5:19 pm to boosiebadazz
It does not necessarily need to be tied to lowering insurance rates. It is a measure to reform special damage awards and to protect plaintiffs. It would also prevent a plaintiff from spending money intended for procedures, and then using health insurance, Medicare of Medicaid at a later time when the settlement funds have been spent.
re: How does a small business owner survive?
Posted by BabyCakes on 3/16/20 at 5:13 pm to Roll Tide Ravens
The solution is simple. If you cannot afford the required paid leave, before the paid leave goes into effect, fire all of your employees.
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