NationStates Jolt Archive

Healthcare Protection Act
A resolution to develop industry around the world.

Category: Advancement of Industry
Area of Effect: Tort Reform
Proposed by: Vengris
Description:
REALIZING the negative effects of frivolous lawsuits on medical practices;

RECALLING WITH REGRET the failure of the UN to effectively protect the health field;

EMPHASIZING the hard labour of all nurses, doctors, and technicians serving the health needs of the world;

AFFIRMING the need for international protection of medical practices;

CALL FOR:
1. Member states to implement caps on jury awards in lawsuits against medical practices;

2. The United Nations to form the Medical Lawsuit Oversight Committee(MLOC), which shall be an appellate body for all parties involved in the cases set out in section one of this resolution;

3. Any ruling of the MLOC to be final and unable to be repealed or overturned by any court of any member state;

4. Those in the medical to be ensured of the wages necessary to maintain their livelihoods.

1. Member states to implement caps on jury awards in lawsuits against medical practices;

No. This is an unwarranted interference in the legal affairs of sovereign nations.

2. The United Nations to form the Medical Lawsuit Oversight Committee(MLOC), which shall be an appellate body for all parties involved in the cases set out in section one of this resolution;

For what purpose?

3. Any ruling of the MLOC to be final and unable to be repealed or overturned by any court of any member state;

Any UN resolution that has a mandate written into it does this already. And in this case, we don't like this clause, because we don't want the UN interfering in what judgments our courts choose to hand down in civil lawsuits, and us be left unable to rectify that.

4. Those in the medical to be ensured of the wages necessary to maintain their livelihoods.

Vague, how exactly is this going to be done?

The vagueness of sections 1 and 4 are to give member states the leeway to determine the fairness in their own systems. The MLOC exists as an oversight committee to make sure that nations at least take some real steps towards implementing this resolution. If the MLOC can be overturned, then there is no real way to enforce and make sure these changes are being implemented.

You already have an open thread on this proposal. (http://forums.jolt.co.uk/showthread.php?t=511109).

Does it really need another one?

Well, the other one was meant to be purely for peer review of its legality. I have now proposed it, so I thought a new one was necessary. Sorry to pollute the boards.

Ambassador Jackson turns to an aide.

“They want us to do what?”

“Cap damages in medical malpractice cases and set up an international appeal board that would have the power to reverse the findings of any national court.”

“Do we even have malpractice suits?”

“Well, no.”

“So in countries that do, they want to limit damages no matter how badly the doctor fucks up?”

“That's the size of it.”

“Hell, no!”

Action 1 sounds like metagaming to me, in my nonmodish opinion (correct me if I'm wrong).

Action 1 sounds like metagaming to meHow?