Comments on: Clyburn: Socialized Medicine Votes “Not There Yet”

By: Red Bank Bar

Red Bank Bar — Sat, 24 Oct 2009 23:02:04 +0000

Sorry, but medical procedures aren’t discretionary for the doctor. You seem to forget the patient has the final say. If the doc gives bad advice or cuts off the wrong leg, it’s a tort claims act case.

By: K Trane

K Trane — Sat, 24 Oct 2009 16:42:58 +0000

Redbank,

The Federal Torts Claims “exempts, among other things, claims based upon the performance, or failure to perform, a ‘discretionary function or duty.’” I know this because I was just tested on it in law school.

Aren’t all medical procedures at the discretion of the doctor treating the symptoms? Thus, if you consider a medical doctor employees of the Federal Government (not hard to believe since postal workers are) and not independent contractors…kazaam…governmental immunity in compliance with the FTCA. And if an entity as ludicrous as Blackwater was pulling the governmental immunity card, why would it not be foreseeable for medical doctors to pull it as well?

It won’t happen at first. All I’m saying is, when health care starts running over budget, I wouldn’t be surprised to see a politician bust this out to start saving money.

Once again, this is just my opinion. It’s worth about as much as you paid for it.

By: James the Foot Soldier

James the Foot Soldier — Fri, 23 Oct 2009 20:33:29 +0000

Isn’t it kind of hard for Clyburn to “whip” blue dogs with threats his boys won’t turn out in 2010 unless they continue the march to Waterloo since his boys won’t be turning out in half the numbers as last year?

By: Toyota Kawaski

Toyota Kawaski — Fri, 23 Oct 2009 12:49:25 +0000

Does the Pimp get his sweaters from Stewart Smallie?

By: RedBank Bar

RedBank Bar — Thu, 22 Oct 2009 19:52:34 +0000

Sorry, K Trane, your post is nonsensical. Where did you get the idea the feds pull a “governmental immunity” card? There is no such animal still in existance and/or claimed unless you’re an outlaw such as Blackwater Xe whatever and/or Halliburton.

Google “Federal Tort Claims Act” and you’ll see the answer to your post.

By: K Trane

K Trane — Thu, 22 Oct 2009 19:11:53 +0000

@Ynot,

Competition is good, but I’m not sure the U.S. government competing in a market it regulates would be fair to private companies. Not to mention 100% of the country will have increased taxes to pay for the meager 15% that doesn’t have health care. Nobody is arguing that health care needs more regulation (requiring insurance companies to take patients with pre-exisiting conditions, allowing insurance companies to compete across state lines, etc.) but a $1 trillion bill, in an economic recession, is not the answer.

Furthermore, trial lawyers will soon be out of luck when the government takes over health care. Not immediately, but eventually, government will pull the “governmental immunity” card for medical malpractice suits. Good luck suing your government doctor when he cuts off the wrong leg!

Just my opinion.

By: Ynot

Ynot — Thu, 22 Oct 2009 18:46:14 +0000

Need competition. End of story.

By: RedBank Bar

RedBank Bar — Thu, 22 Oct 2009 18:03:45 +0000

Just more crap from fitz channeling Ronnie the Mo Reagan who famously said Medicare would end freedom in the US.

Clyburn’s already got 218. He’s looking for 240.

By: Dismayed

Dismayed — Thu, 22 Oct 2009 16:20:52 +0000

Hmm. I seem to forget the reference in the Constitution to the “free market republic.” I must be having a senior moment.