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The State of Washington, immediately below the
International Border with British Columbia, has a 'Binding Citizen's
Initiated Referendum' voting system in place. And an interesting
example of an issue to be decided this way coming up for a vote in a few months
time.
From what I can gather from the Seattle TV
stations we receive here, there has been a long developing problem Stateside in
regards to the affordability of physician's liability insurance. This is
the coverage Washington State, and other American doctors carry in
the event of having to mount a legal defence against any charges of malpractice
that may be launched by their patients.
Apparently the premiums have risen
dramatically in price in the last several years, with WS physicians having
to pay $ 60, 000, or even substantially more, annually,
to get coverage. Depending on their chosen field of
practice. A signifigant price, even for an American doctor, to
say the least. The 'problem' that has driven costs so high is that
Washington State trial lawyers, in pursuing medical malpractice claims,
apparently often seek 'punitive' damages in these cases. And have
often been successful in getting them.
Now many 'good' physicians, unable or
unwilling to do take on the extra work needed to generate a $ 60,000 + and
rising annual premium, are giving up on the practice of medicine. And a
doctor shortage in Washington State is a distinct possibility in future.
The doctors have launched an "Initiative" to try to limit the amount of
'punitive' damages that can be awarded, and thereby hopefully stem the rise in
their insurance premiums.
On the other side of the issue, the WS trial
lawyers, seeing their 'bread and butter' coming under possible threat, are
mounting a defence of the current system. And one of their most effective
weapons is that, with the changes proposed, unchecked incompetency amongst
doctors could become commonplace. It's not a charge without foundation, as
examples they are able to provide clearly show.
From what I've seen of the 'debate' so far, both
sides have a compelling argument, and Washington State voters are going to be
faced with a tough choice. What is of interest to me, though, is
that this comes down to a 'yes' or 'no' decision, and any possible 'middle
course' such as might be debated and made in a "parliament" apparently won't
come into play. Apparently, the decision will be just 'yes' or 'no', and
that's that. What is 'binding' is just that ~ 'binding'. Until a further
referendum could be held some time in the future to 'unbind' it. I don't
know about you, but I'm not personally convinced this method of deciding such
issues is the best one available. To me, there's still something
missing. Any comments?
Joe |