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more Canada
Canada uses LOL clauses,or limitation of liability. As much screaming as I
hear about tort reform in the US, I never hear them suggesting this model. Apparently enforceable unless unconscionable unless one of the parties where there is some inequality in bargaining power. So if someone smashes their head skiing like Natasha Richardson, and the doctor says eh it's ok but then she takes a turn for the worse. Would you have to sign a contract before even getting the care and release liability over lol? or could you pass a law forcing everyone to accept lol in medical situations. I hear republicans yell a lot about how the obama care will be unconstitutional because it forces people to buy things, and thus deprives them of property. Don't know how this will go down in the courts. But I also hear republicans yell a lot about tort reform and liability caps Why is the obama care not constitutional but taking away people's right to contract for medical care include liability limits is ok. what if natasha had hit her head, knew she was gonna die, but the doc wouldn't treat her unless she signed an LOL before he treated her. What if he were the only specialist available capable of doing brain trauma cases. isn't natasha under duress to accept the contract with the lol. how is that even fair |
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