[Note: I can't believe I agree with Mark Brown's biggest fan, but . . .]
Proposition 12 is un-American, plain and simple.
Even as a DEFENSE attorney (i.e. we fight AGAINST the scumbag plaintiffs' lawyers who have no ethics and are a plight to good lawyers everywhere). As such, I've seen some pretty bad verdicts. I've been a part of cases that were won because out-of-control juries didn't listen to the evidence awarded outrages verdicts. However, I've also seen a case where a doctor who had been drinking 2 hours before a surgery killed a young boy during a routine surgery. All of the nurses and his assissting doctor testified against him. The jury, rightly, awarded the parents a multi-million dollar verdict, more than $1M in punative damages. Last I heard, the doctor is still practicing. If proposition 12 (God forbid) would have been in place when this happened, this doctor wouldn't have gotten what was coming to him and these parents wouldn't have gotten nearly what they deserved for this doctor's misdeeds.
Now, there is definately a problem in some areas of Texas with juries that award insane amounts of money in bad cases where the doctors aren't nearly as culpable. Something should be done about this. Something should also be done about the insurance companies who are making millions by overcharging doctors for malpractice insurance. That is the real problem. And the insurance companies have already said that (on average) malpractice insurance rates will go down by 18% if prop 12 passes -- so no real relief to doctors.
And the crap above about no doctors delivering babies in 60% of Texas counties is ludicrous. Please provide a link . . . and think about what you're saying. That means that in 60% of Texas counties women must be having babies in their bathtubs with the assistance of the neighborhood plumber. Does that sound plausible? I didn't think so.
Don't believe the hype.
"Steadfast in our purpose, we now press on. We have known freedom's price. We have shown freedom's power. And in this great conflict, my fellow Americans, we will see freedom's victory."
-- George W. Bush, State of the Union, January 29, 2002
[This message has been edited by Col. Nathan R. Jessup (edited 9/12/2003 10:38p).]