Help refuting anti-Edwards rhetoric?

[LynzM]

Hey all, was having a discussion with a friend via IM about the current candidates, talking about Edwards, and he said the following:

"making his money on medical malpractice lawsuits. he is half the reason alone why our Health Insurance is sky high. i do realize that it brings up the whole issue about how our system is broken but it is the one in place and he misused the judical system to get himself rich. thats just my opinion on the whole deal, i realize everyone who is running abused their power to some extent. of course when i said 1/2 i was not being literal, but he did significantly play a part."

I know this might seem like anti-Edwards trolling, but I promise, it isn't. I really am looking for some info about the trials he's talking about, and some sources to give back to him about it. Seems like he might support Edwards otherwise, if I can bring him some good info.

Help?

[NewJeffCT]

1. lawsuits account for only about 1% of health care costs - also

which is miniscule compared to just the amount of overhead generated by health insurance companies and pharmaceuticals...

I knew a guy in 2004 that voted for Bush solely because he hated trial lawyers so much. He said he disagreed with Bush on most issues, but his hatred of trial lawyers & frivolous lawsuits over-rode his dislike of Bush.

I posted on DU at the time wanting examples of cases that Edwards worked on besides the big four that he spoke of at the time - which were all legitimate. However, nobody was able to help me out at the time. The guy rambled on about some frivolous class-action suits Edwards was involved with...

[DemocratSinceBirth]

3. Exactly

If someone is harmed as a result of your negligence it is incumbent upon you to try to restore them to the status they were before you harmed them...

What people don't realize is you can not sue a doctor because there was a bad medcical result...You have to prove that result was the function of the doctor's negligence...

[underpants]

5. right, and tort reform legislation says NOTHING about insurance rates

tort reform legislation only lowers what insurance companies are liable for. In several cases insurance rates for Doctors actually went up after such legislation was passed (Fla., WV, and Tenn)

Okay about Edwards. First of all lawyers may mostly be seen as rich but that is because they have to WIN cases or there is a settlement. Edwrds took on cases no one else would touch with NOTHING guaranteed. Ask your friend if they are familiar with the relationship between risk and reward.

Second, Edwards biggest WIN was in a case in which a swimming pool drain motor SUCKED THE LOWER INTESTINES OUT OF A 7 YEAR OLD GIRL -got it? He won that after the family had been offered next to nothing. Oh the girl is still alive and well cared for thanks to one John Edwards.

The medical cases-I am not that familiar with but generally the biggest problem in the medical community isn't lawsuits but negligent doctors.

[sandnsea]

2. The cerebral palsey trial

Where the doctor in NC didn't do the C Section, either soon enough or at all. NC did not have a law about making sure patients knew all the risks of various procedures. It is said, and I have absolutely no clue whether it's true or not, but it is said that this case increased the number of C-Sections nationally. If true, and I' not remotely saying it is, that would increase the need for malpractice insurance, which would increase costs, which would increase premiums.

But that is where you could start looking for info.

[bluethruandthru]

4. Everyone spouts the anti-lawyer/lawsuit line

until they are the victim of malpractice or corporate negligence. Then it's okay to sue..and lawyers are great.

[pennylane100]

6. Give him a copy of the book "Four Trials"

by John Edwards. Its very sad and very rewarding, it made me cry. It is about his four most memorable trials and also deals with the tragedy of losing his son.

It was a xmas gift to me from my sister-in-law who lives in Iowa and is going to be caucusing for Edwards tonight and hopefully by now she has also convinced her husband to do the same. He (the brother-in-law) did say, however, that Edwards would be his 2nd choice.

[PATRICK]

7. Anti-Edwards rhetoric most

resembles GOP talking points, even the nonsensical haircut trap. The rhetoric against other candidates substantially includes progressive worries with an undercurrent concern over the GOP style negatives. The attackers have to question Edwards'sincerity to dismiss his words. Obama's lack of experience, a nagging vagary in the general complaint mode, has something the most general too it but is too eagerly over-exploited by anyone going negative. All of this stuff should be dismissed rather than refuted, unless someone has a cooperative God on their side who will pass judgment on the imponderables but in such a way as to satisfy our required prejudices. The GOP have such a God, manufactured, hopefully.

Dean's record as governor, Kerry's war record! Maybe just get off the defensive. They are all parsing and spinning strengths into weaknesses. Another defeat would be to waste time refuting lies and leave the lingering questions always staining the discussion. If someone has a visceral attachment or repulsion all the argument in the world won't do much except to push it aside for a bit. Our hearts are resilient so let's keep them resilient for the positive hope, not for doubt. All of our candidates give their unique measure of hope. Doubt one, doubt all and sometimes this is exactly what engenders the end result of defeatism and self-fulfilling cynicism.

[zalinda]

8. Here's a link to a USA today article

http://www.usatoday.com/money/industries/health/2006-10-15-health-concern-usat_x.htm It explains near the middle that the rising costs of health care is because people want the newest drugs, and newest treatments which is the most expensive. I would tend to believe it's because of all the drug commercials rather than lawsuits.

Btw, Edwards had doctors and nurses go over ALL his court cases to see if he had done anything questionable, when he first ran for President. They gave him a thumbs up, that all his cases were justified.

zalinda

[NewJeffCT]

10. Do you have a link to that about the doctors & nurses?

giving Edwards' lawsuits a thumbs up?

I was at a loss at the time, and when I posted the question on DU back in 2004, I did not get any helpful responses.

[zalinda]

11. I wish I could give you the link

but I can't I don't know where I read it, but I'm pretty sure that I found the link on DU.

zalinda

[LSK]

9. here is Chapter 1 of his book Four Trials

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x3898749

I finished the 2nd trial last night about a breech baby who the doctor did not deliver fast enough or properly resulting in the baby getting Cerebral Palsy. Edwards trial changed the way nurses and hospitals operate. According to the case, the fetal monitoring devices indicated that the baby was in severe trouble and had to be delivered. However the Doctor did not think so and delayed delivery for almost 2 hours. The nurse expressed concern and but did not overrule the Doctor because at the time you did not do that. Edwards trial changed the belief that the doctor is always right and reformed the ways hospitals operate, allowing them to go up the chain of command if the nurse things the doctor is wrong.

[sandnsea]

12. That is really good info

That is the exact info needed to refute c-section and cost complaints.