Re: interesting sunday school discussion...

On Tue, 25 Oct 2005 21:36:33 -0400, "lw"
<wakefield0ground@xxxxxxxxxxxxx> wrote:

>
>"cogge" <sherlock@xxxxxxxxxxx> wrote in message
>news:Jqw7f.6226$tl5.4191@xxxxxxxxxxx
>
>snip
>
>> I would like to write in a living will that I forbid anyone in my family
>> to sue anyone on my behalf should I become incapacitated.
>
>snip
>
> I totally agree with this, having been mulling over just such a thought
>process myself. lw
>

You can certainly execute such a clause but it's a good thing for your
family members or your fellow citizens (who may incur thousands of
dollars in bills to care for you, or who relied for their living on
you ) that such a clause would be found to have no legal effect
if/when you are incapacitated by the negligence or intentional act of
another.

Just as a mother cannot legally forego child support (because it's not
for her benefit it's for the benefit of the child) so we cannot forego
compensation for injury because it is--in part--for the benefit of
others.

There are plenty of stories about abuse of the tort system out there
and some of them are actually true. (Although I would urge people who
are outraged by stories they hear to check them out. A surprising
number of them are at least partly fictional).

I had a conversation with a doctor who is making at least a part of
his apparently very handsome living these days traveling from state
legislature to state legislature to create caps on medical malpractice
claims. He is pleased and proud to announce that such caps in Texas
have resulted in a lowered of doctor's malpractice insurance. He is
unable to say, however, that the claim that such caps would lower the
cost of medical insurance/care has been actualized. Just like those
who claim tax cuts on business property will be passed along the
consumers (such claims as help to sell the biggest defunding of public
schools in Oregon history) the fact is that the "savings" become part
of the profit margin.

In theory it sounds reasonable: malpractice insurance and property
taxes are part of the cost of doing business. If those costs are cut
prices will go down. But that's only true on the planet "economic
theory" ("Gee, according to this map we're on top of that hill, over
there."). It never works out that way.

Timothy Travis
Bridge City Friends Meeting
Portland, Oregon






"Facts are stupid things."

Ronald Reagan
.

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