We all know the people. Charismatic, energetic, theatrical, compelling—they keep us listening to their riveting stories for hours as we sit in awe of their tales of conquest and of bravery, their funny stories, just how big their fish was.
Yet when it comes to our justice system, does this type of person deserve more justice than the rest of us? Does their attention to detail and ability to capture our emotions entitle them to greater awards than someone with the same story but less dramatic flair? Everyone is entitled to equal justice before the law-- a compelling story should not take precedent.
Right now the legislature is considering House Bill 1784, proposing an undefined cap on non-economic damages, which measure intangible harms with no objective quantification. This could prevent excessive awards which drive medical costs higher and help alleviate the shortage of doctors, especially specialists, in Hawaii. Why? Because as it stands these awards are completely arbitrary, based on emotion rather than any quantifiable or objective gauge. Such uncertainty discourages doctors from practicing, as they cannot know what to expect from the justice system.
Let me give you an example. In New York City recently, a young college man consumed enough beverages to put his blood alcohol level at two times the legal limit for driving. The law-abiding student did not drive, but somehow ended up on the subway tracks and was run over by a subway train, resulting in the tragic loss of his leg below the knee. He was awarded $2,300,000 for pain and suffering, which are non-economic damages. No one made him drink, he doesn’t even know he got onto the tracks, yet the Metro Transit Authority was held responsible for his foolish actions. A bit of tort reform could have prevented this outrageous ruling.
Tort reform is a sensitive issue because it must take into account both the plaintiff (the patient) and the defendant (the physician) when awarding justice. A tort does not address a poor medical outcome, but a poor medical outcome that has resulted from the negligent conduct of a physician. The law must ensure the plaintiff has adequate access and incentive to suit, is sufficiently compensated for harms incurred, and provide sufficient incentives for physicians to take due care in their practice. The defendant deserves to be protected from frivolous and undeserving lawsuits and excessive awards, both of which drive premiums higher and discourage physicians to practice.
Tort reform encourages physicians to continue to practice medicine by reducing their premiums which, coupled with the low insurance reimbursements rates in Hawaii, can make practicing medicine here economically difficult. In states that have enacted a cap, premiums are significantly lower than in states that have not placed a cap on non-economic damages.
For example, an average Emergency Room physician in Colorado, which has one of the best medical liability climates, pays $26,838 a year in premiums. In Arizona, which has one of the worst medical liabilities climates, those same physicians would pay $73,273 a year in premiums-- almost three times the amount.
Placing a cap on non-economic damages still gives plaintiffs incentive to sue while at the same time reducing the incentive to sue based solely on perceived personal enrichment. Legitimate claims are fully compensated for actual monetary losses incurred, which are defined as economic damages, while profit-mongering plaintiffs will be capped at a certain limit for their non-economic damages. Economic damages include any and all medical fees associated with the harm incurred, as well as income loss, and even disability payments—every bill associated with the tort is paid without limitations. The only things not covered are pain, anger, frustration, and other emotions which cannot be objectively valued.
Placing a cap at or below $500,000 on non-economic damages would limit the astonishing sums sometimes awarded, more akin to winning the lottery than adhering to any standard of justice. Hawaii would benefit by reduced physician premiums, which would encourage physicians to continue to practice. Patients in turn would benefit from the increased supply of physicians. Now that is a win-win situation.
2/25/09
The Dummy's Guide to Moving to Hawaii
So… you may be wondering what has happened since I've come to Hawaii, if I'm still alive, if I'm living on the streets, or starving, or even if I've struck gold yet. Read on…
So, how did I, who was broke, knew no one in Hawaii, and had no plans for when I got here make this trip happen? Good question. The details are a bit… well interesting. So first step, I decide that I want to fulfill one of my life goals and learn how to surf. I mean, you've seen the same surf videos I have, huge waves, surfers getting barreled, we all know its hot hot hot. No better place to learn how to do that then the surf capital of the world, Hawaii!! Second step, buy a plane ticket. Problem: no money. So I think of a way to make money… in Hawaii, and put an ad on craigslist for a "vacation nanny". Get contacted by a family from New Jersey, we go back and forth with our questions and recommendations, and I agree to nanny for them. Note: they have no idea I'm not actually in Hawaii yet. But I now I have assured income which will pay for my ticket and the first day or so of life in Hawaii. So then I book the ticket.
Recall, at this point, I still have no de facto money. So I did what so many of our wise leaders have done before me: I bought the ticket on credit. (May I add it was a cheap ticket!) I picked a credit card with 0% APR for the first 6 months, and which automatically gave me $50 for buying the ticket. Not a bad start. But it gets better! I signed up for credit protection, first month free. One of the "protections" so happens to be life events… such as moving. So they credit me about another $50. More free moooolah. And did I mention that because I signed up for credit protection over the phone, they gave me a $15 rebate? So that's over $100 buckos of free money. You have to work the credit card companies harder than they work you!
So then I have a ticket and a one-week job in Hawaii, and that's about it. I still have to figure out where to live. So I look on craigslist, look on facebook, and think that I've found this great place. Cheap rent, my own room, not TOOOO far from the beach. Fast forward to me actually being in Hawaii, I give the girl a call and it has, of course, just been rented. Ahhhh. Anyway, for the first few days in Hawaii I had planned on Couchsurfing, a brilliant idea invented by an avid traveler, who wanted a way to travel cheaply and meet the locals. So I ended up staying with Kyle for a few days, and then b/c he had other guests coming, with Blake and Pascale for a few days, all wonderful and welcoming people! But the apartment search continued.
Meanwhile, because I am such an industrious worker (read: workaholic) I have booked my ticket the day before I start nannying. So I get in Friday night, and Saturday morning I'm taking care of kids. Brilliant idea, I know. But also in this time I have set up an interview with an economic policy think tank, so I have to work that out. As luck would have it, the day that I have my interview, it is pouring here in sunny Honolulu. And as my two sturdy legs are my only means of transportation here, walk in the rain it was. I packed my dress and heels in my backpack and trudged through the rain down King street looking for the building. Stopped at a bakery right before it to grab a coffee and change from my flip-flops and beachwear into professional clothes. I don't even want to know what those people were thinking after I finished my chameleon act, but headed out of there and landed my internship. Changed back into beach clothes and headed to nanny for the rest of the day.
Meanwhile, the apartment search continues: I look at a few places in Waikiki, and finally decide on a large bedroom in a small house, but they won't let me move in for a few days. The place has old nasty carpet, (That 70's Show-esqe) but is really close to the beach… but given my days of grace period, I decide to keep looking. End up finding another place with a crazy man living there. Yes, I say crazy with full realization that this guy was literally crazy. Not just a little ADD, but full on ADHD and bipolar. Yes, he did inform me, a potential roommate, of that right on. He said he was bluntly honest about things. No kidding. So then, I am with 2 pretty terrible options actually, and I find this place on craigslist, close to the beach, with cheap rent. I head right over, found cool roommates, and made and instant decision, which has turned out to be a great idea, really.
So was blindly booking a ticket to Hawaii a good idea? Well of course! What can I say… follow your dreams. :D
So, how did I, who was broke, knew no one in Hawaii, and had no plans for when I got here make this trip happen? Good question. The details are a bit… well interesting. So first step, I decide that I want to fulfill one of my life goals and learn how to surf. I mean, you've seen the same surf videos I have, huge waves, surfers getting barreled, we all know its hot hot hot. No better place to learn how to do that then the surf capital of the world, Hawaii!! Second step, buy a plane ticket. Problem: no money. So I think of a way to make money… in Hawaii, and put an ad on craigslist for a "vacation nanny". Get contacted by a family from New Jersey, we go back and forth with our questions and recommendations, and I agree to nanny for them. Note: they have no idea I'm not actually in Hawaii yet. But I now I have assured income which will pay for my ticket and the first day or so of life in Hawaii. So then I book the ticket.
Recall, at this point, I still have no de facto money. So I did what so many of our wise leaders have done before me: I bought the ticket on credit. (May I add it was a cheap ticket!) I picked a credit card with 0% APR for the first 6 months, and which automatically gave me $50 for buying the ticket. Not a bad start. But it gets better! I signed up for credit protection, first month free. One of the "protections" so happens to be life events… such as moving. So they credit me about another $50. More free moooolah. And did I mention that because I signed up for credit protection over the phone, they gave me a $15 rebate? So that's over $100 buckos of free money. You have to work the credit card companies harder than they work you!
So then I have a ticket and a one-week job in Hawaii, and that's about it. I still have to figure out where to live. So I look on craigslist, look on facebook, and think that I've found this great place. Cheap rent, my own room, not TOOOO far from the beach. Fast forward to me actually being in Hawaii, I give the girl a call and it has, of course, just been rented. Ahhhh. Anyway, for the first few days in Hawaii I had planned on Couchsurfing, a brilliant idea invented by an avid traveler, who wanted a way to travel cheaply and meet the locals. So I ended up staying with Kyle for a few days, and then b/c he had other guests coming, with Blake and Pascale for a few days, all wonderful and welcoming people! But the apartment search continued.
Meanwhile, because I am such an industrious worker (read: workaholic) I have booked my ticket the day before I start nannying. So I get in Friday night, and Saturday morning I'm taking care of kids. Brilliant idea, I know. But also in this time I have set up an interview with an economic policy think tank, so I have to work that out. As luck would have it, the day that I have my interview, it is pouring here in sunny Honolulu. And as my two sturdy legs are my only means of transportation here, walk in the rain it was. I packed my dress and heels in my backpack and trudged through the rain down King street looking for the building. Stopped at a bakery right before it to grab a coffee and change from my flip-flops and beachwear into professional clothes. I don't even want to know what those people were thinking after I finished my chameleon act, but headed out of there and landed my internship. Changed back into beach clothes and headed to nanny for the rest of the day.
Meanwhile, the apartment search continues: I look at a few places in Waikiki, and finally decide on a large bedroom in a small house, but they won't let me move in for a few days. The place has old nasty carpet, (That 70's Show-esqe) but is really close to the beach… but given my days of grace period, I decide to keep looking. End up finding another place with a crazy man living there. Yes, I say crazy with full realization that this guy was literally crazy. Not just a little ADD, but full on ADHD and bipolar. Yes, he did inform me, a potential roommate, of that right on. He said he was bluntly honest about things. No kidding. So then, I am with 2 pretty terrible options actually, and I find this place on craigslist, close to the beach, with cheap rent. I head right over, found cool roommates, and made and instant decision, which has turned out to be a great idea, really.
So was blindly booking a ticket to Hawaii a good idea? Well of course! What can I say… follow your dreams. :D
1/23/09
Aloha!!!
So I am now sitting on the patio of the Honolulu airport, drinking the most expensive “tall” cup of coffee I’ve had since I was robbed at some deluxe coffee place somewhere in Italy. $2.62 for this precious cup of joe, but well worth it after flying for oh, 15 hours. I only got a few hours of sleep thanks to a great night out and a heinously early flight, both of which seemed like such good ideas at the time, until my alarm went off at 4:40am and I lugged my suitcases to the metro, half asleep and def not bright and chirpy. Oh. PS. Don’t leave home without weighing your bags. I was a whopping 17 pounds over the pathetic 50 pound limit, and you guessed it, they cut off my right arm to pay for the excess weight. Well. Not quite but $90 is def highway (or airway?!) robbery, no doubt about it.
I was lucky enough to get a non-stop from Minneapolis to Honolulu, instead of stopping in Frisco. (Original flight plan: DC-Detroit-MSP-Frisco-Honoluuuuuulu) Would have taken me another 4 hours to be sitting in this gorgeous weather. Needless to say I passed out on all of my 3 flights. The descent to Oahu was breathtaking, with the most brilliant greens and blues reaching out from the land and sea, sunshine and 80deg weather confirming that Hawaii was one brilliant choice. My extended Sabbath may well turn into a much longer mini-vacay than originally planned. What those original plans are you might be wondering? All in good time, my friends, all in good time. What I do know is that I am here to learn how to surf, and I def think I can get used to this ALOHA thing!
I was lucky enough to get a non-stop from Minneapolis to Honolulu, instead of stopping in Frisco. (Original flight plan: DC-Detroit-MSP-Frisco-Honoluuuuuulu) Would have taken me another 4 hours to be sitting in this gorgeous weather. Needless to say I passed out on all of my 3 flights. The descent to Oahu was breathtaking, with the most brilliant greens and blues reaching out from the land and sea, sunshine and 80deg weather confirming that Hawaii was one brilliant choice. My extended Sabbath may well turn into a much longer mini-vacay than originally planned. What those original plans are you might be wondering? All in good time, my friends, all in good time. What I do know is that I am here to learn how to surf, and I def think I can get used to this ALOHA thing!
1/18/09
Federal Stimulus
As a follow-up to the preceding post, check out this opinion piece from the WSJ, a shockingly blatant example of the Fed pushing private business around "for the common good" as it were. Sound familiar? Mugging Bank of America.
And did you know that "stimulus" is a synonym for "force"? Does the Fed really think that forcing an economy to work will be successful?
And did you know that "stimulus" is a synonym for "force"? Does the Fed really think that forcing an economy to work will be successful?
1/10/09
Atlas Shrugged
If you haven't read Ayn Rand, and if you don't even know what you are missing out on, then STOP. GET UP FROM YOUR COMPUTER AND GO TO THE NEAREST BOOKSTORE, LIBRARY, OR FRIEND'S HOUSE AND READ. Atlas Shrugged first. And then, well and then you can continue on with your life! The WSJ recently had a brilliant article relating Atlas Shrugged to today's financial throes. Well worth your time! 'Atlas Shrugged': From Fiction to Fact in 52 Years.
1/8/09
Life lessons
"One's philosophy is not best expressed in words; it is expressed in the choices one makes ... and the choices we make are ultimately our responsibility."
Eleanor Roosevelt
_____________________________________________________
To my dear Cousin Responsibility,
I'm glad you came to me for advice on how to raise your beautiful daughter. I have learned many things since my childhood, the most important of which is that all that stuff they taught me when I was young doesn't make a difference. When I was little I was taught that if I didn't eat my vegetables, instead of the candy and ice-cream I wanted, I wouldn't have this thing called a "balanced and nutritious diet". Whatever that meant exactly, I've learned as I've grown up that I can eat whatever I please, just as long as I pop a magic diet pill, or sign up for one of the monthly programs that jam my inbox. In fact, if things get really bad I can just get liposuction. Ha, someone pass the tub of ice-cream! Oh, and you know how you always told me true beauty is on the inside? Well it can't be true. You know why? Because the ASPS reports that almost 17 million people got plastic surgery in 2007, 25% more than 2000. Call me crazy, but you don't voluntarily go to SURGERY if you think being beautiful on the inside is good enough. Whatever this thing called Beauty means anyway.
And then there's money. I learned when I was a kid I had be careful with my money. First I had to do my chores to get my allowance, and then I was told to spend it wisely, because that's all I'd get. Well well, did young naive me think that in this difficult world such a wondrous thing as a credit card could exist? Imagine my joy when I found out that companies were fighting to get me to to use their blessed pieces of plastic. I may have raked up enough credit-card debt to rival the GDP of some African countries, but no worries! All I had to do was consolidate my loans, and poof, who cared that I never paid a bill on time? I never had to.
Which is why, when I went to buy a home, I knew that sorry loan officer wouldn't dare tell me no. The government would guarantee that I, who have never payed a credit card bill on time, would get a loan. Why? Because I deserve it of course! I've never done anything to deserve it, I've never been responsible with my money, but just the same, I deserved a loan, because I deserved to be a homeowner! Thank goodness the government sees that I just haven't had the same chances as those guys who made their own money and used it well. Things were different for me. So I gave the loan officer a smug look across the table as he mumbled something about "bad credit" and "substandard". He clearly was a lost relic of an age past, in this new progressive age I live in, these things made no sense.
Oh and while were on the topic of childhood myths, there was once this idea I heard about respecting my body. I'm not sure what that was supposed to mean, but I do know that I now can have sex with everyone and everyone, and guess what! It's all good for me, because I can just pop a pill, and that scary thing called pregnancy isn't a possibility anymore. Gosh. How did people used to have sex with so many people without some way of making sure nothing serious came of it? And those poor fools who get pregnant. Do they really think that there is a baby somewhere inside them before it is actually kicking and screaming? My friend had a baby shower the other day, I didn't see a baby, all I saw was a bump in her stomach. She must have thought I was a fool, but I brought her the ugly dish my mother-in-law gave me for Christmas, so it wasn't a real gift. And last week my other friend had a bump, but she said something about "getting rid of it", and this week she looks normal again. They can't be talking about the same thing, with those bumps.
I really can't believe all the lies I was fed as a child. Think about debate class. We debated a topic, and everyone went home enlightened, if not convinced of the opposing argument. Someone really should have taught my teacher about being PC. The other day one of my friends in CA donated money to support some law number "8". Anyway, he received some death threats and his house was vandalized. Didn't he know some causes are uncouth to support?
I'm sure I could go on, but I think you are beginning to understand why I tell you to just let young Impudence do whatever she wants. It will save her having to relearn the complicated game of life. Good luck, and know if you need anything, I'll probably be doing something more important.
Yours truly,
E. N. Lightened
Eleanor Roosevelt
_____________________________________________________
To my dear Cousin Responsibility,
I'm glad you came to me for advice on how to raise your beautiful daughter. I have learned many things since my childhood, the most important of which is that all that stuff they taught me when I was young doesn't make a difference. When I was little I was taught that if I didn't eat my vegetables, instead of the candy and ice-cream I wanted, I wouldn't have this thing called a "balanced and nutritious diet". Whatever that meant exactly, I've learned as I've grown up that I can eat whatever I please, just as long as I pop a magic diet pill, or sign up for one of the monthly programs that jam my inbox. In fact, if things get really bad I can just get liposuction. Ha, someone pass the tub of ice-cream! Oh, and you know how you always told me true beauty is on the inside? Well it can't be true. You know why? Because the ASPS reports that almost 17 million people got plastic surgery in 2007, 25% more than 2000. Call me crazy, but you don't voluntarily go to SURGERY if you think being beautiful on the inside is good enough. Whatever this thing called Beauty means anyway.
And then there's money. I learned when I was a kid I had be careful with my money. First I had to do my chores to get my allowance, and then I was told to spend it wisely, because that's all I'd get. Well well, did young naive me think that in this difficult world such a wondrous thing as a credit card could exist? Imagine my joy when I found out that companies were fighting to get me to to use their blessed pieces of plastic. I may have raked up enough credit-card debt to rival the GDP of some African countries, but no worries! All I had to do was consolidate my loans, and poof, who cared that I never paid a bill on time? I never had to.
Which is why, when I went to buy a home, I knew that sorry loan officer wouldn't dare tell me no. The government would guarantee that I, who have never payed a credit card bill on time, would get a loan. Why? Because I deserve it of course! I've never done anything to deserve it, I've never been responsible with my money, but just the same, I deserved a loan, because I deserved to be a homeowner! Thank goodness the government sees that I just haven't had the same chances as those guys who made their own money and used it well. Things were different for me. So I gave the loan officer a smug look across the table as he mumbled something about "bad credit" and "substandard". He clearly was a lost relic of an age past, in this new progressive age I live in, these things made no sense.
Oh and while were on the topic of childhood myths, there was once this idea I heard about respecting my body. I'm not sure what that was supposed to mean, but I do know that I now can have sex with everyone and everyone, and guess what! It's all good for me, because I can just pop a pill, and that scary thing called pregnancy isn't a possibility anymore. Gosh. How did people used to have sex with so many people without some way of making sure nothing serious came of it? And those poor fools who get pregnant. Do they really think that there is a baby somewhere inside them before it is actually kicking and screaming? My friend had a baby shower the other day, I didn't see a baby, all I saw was a bump in her stomach. She must have thought I was a fool, but I brought her the ugly dish my mother-in-law gave me for Christmas, so it wasn't a real gift. And last week my other friend had a bump, but she said something about "getting rid of it", and this week she looks normal again. They can't be talking about the same thing, with those bumps.
I really can't believe all the lies I was fed as a child. Think about debate class. We debated a topic, and everyone went home enlightened, if not convinced of the opposing argument. Someone really should have taught my teacher about being PC. The other day one of my friends in CA donated money to support some law number "8". Anyway, he received some death threats and his house was vandalized. Didn't he know some causes are uncouth to support?
I'm sure I could go on, but I think you are beginning to understand why I tell you to just let young Impudence do whatever she wants. It will save her having to relearn the complicated game of life. Good luck, and know if you need anything, I'll probably be doing something more important.
Yours truly,
E. N. Lightened
1/1/09
Happy New Year!!!
Happy New Year!!! So I thought 2009 should be a fun year... so I booked a ticket to Hawaii to learn how to surf! If you head out that way, look me up! Aloha!!
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