Readers Write 03/26

LAW

Shift standard of proof for medical malpractice

The Georgia Supreme Court was right in striking down the limit on pain and suffering damages in medical malpractice cases (“State’s ’05 tort reform tossed,” News, March 23).

Reason underlies our legal system. Typically, someone is liable for negligence if he fails to act as a reasonable person under the circumstances, and the failure was the cause of harm to another person. This law was unreasonable.

A better solution to the problem would be to change the standard of proof with respect to medical malpractice. Currently, the standard of proof is a preponderance of the evidence (i.e., more likely than not, it’s negligence). In criminal cases, the standard of proof is beyond a reasonable doubt. A midpoint could be utilized, such as clear and convincing evidence, thereby giving people in the medical profession the benefit of the doubt in close cases. Allen Buckley, Smyrna

ENVIRONMENT

Corporations still in the dark on global warming

Unbelievably, we are being asked to turn off our lights for Earth Hour once again this year on Saturday, to reduce electricity use and show that we are fighting global warming.

Since this time last year, the manmade global warming movement has been discredited, mainly because of the investigation into the U.N.’s Intergovernmental Panel on Climate Change (IPCC). It is disappointing that some of America’s most respected corporations are still acting as if this contrived crisis were real. My favorite big bank is asking for everyone to turn off the lights, and my favorite package shipping company is asking its online customers to voluntarily pay a “carbon offset” fee because the packages are delivered by trucks.

Should we listen to proper scientists who don’t have a political agenda, or to deliberate scare stories from environmental activists? The bloom is off the rose. But it appears that a good portion of the population still wants to turn off the lights, and remain in the dark on this subject. Joel Smith, Stockbridge

HEALTH CARE

More money, rules not enough of a fix

Americans should be entitled to competent health care, and people shouldn’t have to fight for benefits while battling terminal diseases. I think we all agree on that. But how can you fix health care by throwing money and regulations at it, while ignoring two of the things that are driving up costs?

Doctors are running millions of dollars in unnecessary tests to cover their behinds. Lawyers take cases on contingency, knowing insurance companies, manufacturers and retailers will pay out without a fight. If these lawyers had to pay court fees if they lost, many would not enter into these cases.

And I realize this country owes its greatness to immigration. However, our emergency rooms are packed with illegal immigrants who are using the facilities for their basic health care. This drives costs up — and even Obamacare doesn’t fix or address this. Hospitals will still have to charge inflated prices to insured people to cover their losses. Greg Benner, Acworth