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View Diary: Tennessee senate warns hand-holding is a 'gateway sexual activity' (239 comments)

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  •  actual damages (0+ / 0-)

    This struck me as well-and in fact, the answer to your question points out the hypocrisy of the republicans on frivolous suits even more.

    A lot of the hand wringing over medical malpractice is about paying for non economic damages. Beyond being compensated for the cost of the medical bills, patients are able to collect for non-economic injuries like pain and suffering. if a doctor's mistake means you'll be in chronic pain the rest of your life, you can recover damages. These are "actual damages" just as much as your hospital stay.  Most proposals to limit medical malpractice claims cap non-economic damages to $250,000.

    But here, the republicans see something that they think really deserves to be compensated!  Some middle schooler might see something that would cause his parents to become sad that their child has gotten a little knowledge they had hoped to keep him ignorant of.  So the case would consist of ALL emotional distress type claims.  The real deterrent its that the teacher would be forced to defend herself in court, regardless of the merits.

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