Future of Division III

Started by Ralph Turner, October 10, 2005, 07:27:51 PM

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Baldini

State - Damage Caps

Alabama
None
Alaska
Non-economic: $250,000. Wrongful death or a disability considered more than 70% disabling: $400,000
Arizona
Constitutionally prohibited
Arkansas
None
California
Non-economic $250,000
Colorado
Non-economic: $300,000. Total damages: $1 million
Connecticut
None
Delaware
None
District of Columbia
None
Florida
Non-Economic Damages: $500,000 for practitioners; $750,000 for non-practitioners; $1-million for permanent vegetative state or death
Georgia
Punitive: $250,000. Non-economic: $350,000 against providers. Additional $350,000 against each health care facility. Total maximum for non-economic: $1,050,000
Hawaii
Non-economic: $375,000 with exceptions for specific situations
Idaho
Non-economic $250,000, adjusted annually for inflation. Does not apply to wilful/reckless negligence or felonies.
Illinois
Struck down in 2010 - Non-economic: $500,000 against providers. $1,000,000 against hospitals
Indiana
$1,250,000 total if it occurred after 1999. Providers liable for a maximum of $250,000 with the rest to be paid through state's Patient Compensation Fund.
Iowa
None
Kansas
Non-economic: $250,000
Kentucky
None
Louisiana
$500,000 total. Health care providers liable for only $100,000 with the rest paid by compensation fund
Maine
Non-economic: $500,000 on wrongful death
Maryland
Non-economic: $740,000 as of 2015 to increase $15,000 annually. Applies to all claims and to all defendants from the same injury, or to wrongful death cases with only one plaintiff. If two wrongful death plaintiffs- $125% of current non-economic cap.
Massachusetts
Non-economic damages: $500,000 except in catastrophic injuries
Michigan
Non-economic: As of 2015 $444,900 or $794,500 for catastrophic/disabling injuries. Adjusts annually for inflation
Minnesota
None
Mississippi
Non-economic: $500,000/plaintiff
Missouri
Non-economic: $350,000; but cap ruled unconstitutional by Missouri Supreme Court in 2012
Montana
Non-economic: $250,000
Nebraska
$2,250,000 total except maximum of $500,000 for those qualifying entities under the Hospital-Medical Liability Act
Nevada
Non-economic: $350,000 except with limited exceptions
New Hampshire
None
New Jersey
Punitive: The greater of $350,000 or 5x compensatory damages.
New Mexico
Total: $600,000 except for past/future medical bills and punitive damages. Maximum provider liability is $200,000 with the rest paid by compensation fund.
New York
None
North Carolina
Non-economic: $500,000
North Dakota
Non-economic: $500,000 however any award above $250,000 may be reviewed by judge
Ohio
Non-economic damages: $250,000 or 3x economic damages up to $350,000/plaintiff, whichever is greater. $500,000 total for multiple plaintiffs. In catastrophic cases, $500,000 or $1,000,000
Oklahoma
Non-economic $350,000 for OB/ER cases or if there's an offer of judgment
Oregon
Non-economic: $500,000 for wrongful death. Other non-economic caps not constitutional
Pennsylvania
Punitive: Twice actual damages. Constitutional prohibition on caps of economic damages
Rhode Island
None
South Carolina
Punitive damages: $350,000 or 3x compensatory damages. Non-economic: $350,000 or facility against each provider adjusted annually for inflation. Total claim with multiple providers capped at $1,050,000
South Dakota
Non-economic $500,000
Tennessee
None
Texas
Non-economic damages: $250,000 physicians or providers. Additional $250,000 against each health care institution
Utah
Non-economic $450,000
Vermont
None
Virginia
Total damages $2,000,000 for acts occurring after July 2008.
Washington
None
West Virginia
Non-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000
Wisconsin
Non-economic $750,000 for medical negligence. Wrongful death actions: $500,000 for minors and $350,000 for adults
Wyoming
Constitutionally prohibited

OzJohnnie

#2671
Quote from: ADL70 on July 07, 2020, 11:39:36 AM
Quote from: OzJohnnie on July 06, 2020, 07:06:09 PM
Here's some good news for football and all DIII.  COVID-19 is on the edge of being declassified as an epidemic and instead moving to a regular virus in circulation.  It's been 21 days since cases spiked following the riots and protests and the mortality rate, not to mention daily fatality count, continues to decline.  Unless deaths suddenly reverse then in the next couple weeks, COVID will no longer be hitting the metrics required for classification as an epidemic (In my opinion reading the CDC update).

https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/index.html

Quote
Based on death certificate data, the percentage of deaths attributed to pneumonia, influenza or COVID-19 (PIC) decreased from 9.0% during week 25 to 5.9% during week 26, representing the tenth week of a declining percentage of deaths due to PIC. The percentage is currently at the epidemic threshold but will likely change as more death certificates are processed, particularly for recent weeks.

Seriously? You mention "riots and protests", but nothing about reopening bars and restaurants and other gatherings. Yes, you are quite transparent about your agenda.

Uh, ok.  Does your comment also reveal a transparent agenda in that case?  Accusations of disingenuous motive aside, am I wrong?  Has it been 21 days since cases have spiked and still the rate of death has continued to decrease?

I'll answer my own question.  No, I'm not.  So here's a serious question: surely that's a good thing, no?
[  

OzJohnnie

Quote from: jamtod on July 07, 2020, 10:27:39 AM
A little context and clarity may be helpful for what the CDC defines as the "epidemic threshold."
This definition isn't provided on the linked page, but it's based on when deaths attributed to the pneumonia and flu are 1.645 standard deviations above the seasonal baseline, or 7.2%. Whether the referenced article presents good news or not depends on what parts you focus on I guess, but the epidemic threshold is one key factor to look at. I suspect we are far from out of the woods on this as fall approaches, cases are not under control, and regular flu season is on the horizon - but I also hope I'm wrong.

https://www.cdc.gov/media/releases/2020/s0404-covid19-surveillance-report.html

Wait, you imply I failed to provide context or clarity but then agree the CDC says the IPC viruses are on the epidemic threshold.  You wish to dispute whether that is good news or not, undoubtedly a reasonable discussion, but fail to point out my lack of context or clarity.  So where was it.

Surely the IPC situation moving from "epidemic" to "not epidemic" is good news?  It would be difficult to make an argument otherwise.  But to address the specific question of what is an epidemic I hit good to get the stages of sickness virility to bring clarity.

https://www.health.com/condition/infectious-diseases/epidemic-vs-pandemic

Quote
Sporadic: When a disease occurs infrequently and irregularly.

Endemic: A constant presence and/or usual prevalence of a disease or infection within a geographic area. (Hyperendemic is a situation in which there are persistent, high levels of disease occurrence.)

Epidemic: A sudden increase in the number of cases of a disease—more than what's typically expected for the population in that area.

Pandemic: An epidemic that has spread over several countries or continents, affecting a large number of people.

So, presumably, if the IPC diseases fall below epidemic levels they become endemic, or infecting at the usual prevalence.  Background noise.  Surely that would be a good development.
[  

OzJohnnie

Good news alert, particularly for school this fall with the student age demographic.  Empirical data on the improving skills of medical professionals in treating the infection.  Additionally benefited be the decreasing proportion of vulnerable people being infected as the virus becomes more... endemic.

From the BBC: Coronavirus death rate falling in hospitals.  It's a good read.


[  

jamtod

Quote from: OzJohnnie on July 09, 2020, 06:49:56 AM
Quote from: jamtod on July 07, 2020, 10:27:39 AM
A little context and clarity may be helpful for what the CDC defines as the "epidemic threshold."
This definition isn't provided on the linked page, but it's based on when deaths attributed to the pneumonia and flu are 1.645 standard deviations above the seasonal baseline, or 7.2%. Whether the referenced article presents good news or not depends on what parts you focus on I guess, but the epidemic threshold is one key factor to look at. I suspect we are far from out of the woods on this as fall approaches, cases are not under control, and regular flu season is on the horizon - but I also hope I'm wrong.

https://www.cdc.gov/media/releases/2020/s0404-covid19-surveillance-report.html

Wait, you imply I failed to provide context or clarity but then agree the CDC says the IPC viruses are on the epidemic threshold.  You wish to dispute whether that is good news or not, undoubtedly a reasonable discussion, but fail to point out my lack of context or clarity.  So where was it.

Surely the IPC situation moving from "epidemic" to "not epidemic" is good news?  It would be difficult to make an argument otherwise.  But to address the specific question of what is an epidemic I hit good to get the stages of sickness virility to bring clarity.

https://www.health.com/condition/infectious-diseases/epidemic-vs-pandemic

Quote
Sporadic: When a disease occurs infrequently and irregularly.

Endemic: A constant presence and/or usual prevalence of a disease or infection within a geographic area. (Hyperendemic is a situation in which there are persistent, high levels of disease occurrence.)

Epidemic: A sudden increase in the number of cases of a disease—more than what's typically expected for the population in that area.

Pandemic: An epidemic that has spread over several countries or continents, affecting a large number of people.

So, presumably, if the IPC diseases fall below epidemic levels they become endemic, or infecting at the usual prevalence.  Background noise.  Surely that would be a good development.

I implied no such thing. I noted that Dave seemed to misunderstand the point you were making about the epidemic threshold and rather than talking past one another, I provided the definitions and thresholds that were not in the article.

OzJohnnie

@jamtod, my apologies.  I misunderstood as I thought you were addressing me.
[  

OzJohnnie

#2676
Quote from: OzJohnnie on July 09, 2020, 07:15:10 AM
Good news alert, particularly for school this fall with the student age demographic.  Empirical data on the improving skills of medical professionals in treating the infection.  Additionally benefited be the decreasing proportion of vulnerable people being infected as the virus becomes more... endemic.

From the BBC: Coronavirus death rate falling in hospitals.  It's a good read.



Here's a good data point for us to judge what the coming year is starting to look like.  It's the infection, hospitilisation and death rate estimates for influenza over the years.

https://www.cdc.gov/flu/about/burden/index.html



It varies widely by flu season but ranges from about 7 deaths in every 100 hospitilisations to 11 in every 100 for some years.  That assumes, of course, that all deaths from the flu happen in hospital when I expect that many happen in long term care facilities who may be used to and equiped to manage people with the flu.  But for judging where things are heading I don't think that's a fatal assumption.

Oxford's findings that in-hospital Covid fatalities have steadily fallen from 7 in every 100 to 1.5 in every 100 is surely due to better treatment protocols and less vulnerable patients, as the BBC article details.  But it would seem unwise to also conclude we're way better at treating Covid than we are the flu.  I suspect instead that we are admitting Covid patients at a far higher rate than flu patients seeing as Covid-19 is novel.  If someone has flu-like symptoms normally, I suspect the medical community is very well-tuned to identifying when hospitilisation is required and when it isn't.  For Covid the medical community is much more in the "better safe than sorry" mode and admitting many more patients now than they will in a year or two when the virus is normalised in terms of medical experience with it.

It certainly looks to me like all the trends are very positive and this virus will soon (within a year or so) join the background noise of other flu-like illnesses.

EDIT: In fact, if we suppose that the socially accepted treatment level for flu-like illnesses is one death in every 9 hospital admissions (picking a mid-point number from the flu experience), then we could expect an 80% - 85% reduction in Covid admissions as the treatment normalises.  That would certainly put it into the background noise, I think.
[  

OzJohnnie

These numbers out of Stockholm University should be considered by policy makers.  Let students back and let them play.  Protect the vulnerable.

[  

Dave 'd-mac' McHugh

I am shocked at the disregard for a few things. First, if the entire population was infected and on average 4% died ... that is still 312 million deaths.

Secondly, while someone might survive ... they pass it along to someone who may be vulnerable, even if that person is doing everything they can not to be at risk and be safe.

A death rate over 1% is staggering. The disregard for that understanding is shocking.
Host of Hoopsville. USBWA Executive Board member. Broadcast Director for D3sports.com. Broadcaster for NCAA.com & several colleges. PA Announcer for Gophers & Brigade. Follow me on Twitter: @davemchugh or @d3hoopsville.

jamtod

Quote from: Dave 'd-mac' McHugh on July 11, 2020, 10:52:49 AM
I am shocked at the disregard for a few things. First, if the entire population was infected and on average 4% died ... that is still 312 million deaths.

Secondly, while someone might survive ... they pass it along to someone who may be vulnerable, even if that person is doing everything they can not to be at risk and be safe.

A death rate over 1% is staggering. The disregard for that understanding is shocking.

Unfortunately, there is no way for campuses or college athletics to operate with only "low-risk" healthy 20 somethings. The vulnerable don't exist In a separate world and I've yet to see any sort of tenable proposal for truly isolating the vulnerable. They are in the midst of our college campuses, workplaces, and families including my own.

Not to mention that the death rate isn't the only factor to consider here.

Dave 'd-mac' McHugh

Quote from: jamtod on July 11, 2020, 11:22:39 AM
Quote from: Dave 'd-mac' McHugh on July 11, 2020, 10:52:49 AM
I am shocked at the disregard for a few things. First, if the entire population was infected and on average 4% died ... that is still 312 million deaths.

Secondly, while someone might survive ... they pass it along to someone who may be vulnerable, even if that person is doing everything they can not to be at risk and be safe.

A death rate over 1% is staggering. The disregard for that understanding is shocking.

Unfortunately, there is no way for campuses or college athletics to operate with only "low-risk" healthy 20 somethings. The vulnerable don't exist In a separate world and I've yet to see any sort of tenable proposal for truly isolating the vulnerable. They are in the midst of our college campuses, workplaces, and families including my own.

Not to mention that the death rate isn't the only factor to consider here.

Exactly. Hell, by all definitions I'm vulnerable. And obesity is an vulnerability and the majority of this country fits that diagnosis.

As I said to someone recently, we have to just be patient and understand our world is going to be different for awhile. It is going to take time before we have a vaccine and antivirals to help combat this virus. We just can't rush things. I want sports, especially DIII athletics, as badly as anyone else ... but I am also realistic and understand that we might still have to wait awhile. That is incredibly disappointing ... but it is what it is. Being selfish and being stupid only makes things worse and take longer to ever get back to what will be our new normal.
Host of Hoopsville. USBWA Executive Board member. Broadcast Director for D3sports.com. Broadcaster for NCAA.com & several colleges. PA Announcer for Gophers & Brigade. Follow me on Twitter: @davemchugh or @d3hoopsville.

thescottharris

Just found this thread and not going to read thru every single page of recent because that would be insanity so forgive me if already posted, but...

Is there a website somewhere that tracks all the schools that have announced they will be closing?

Pat Coleman

The schools themselves, for academic purposes? I've seen lists of schools' planned dates for opening this fall tracked by the Chronicle of Higher Education but don't have a link handy.

The athletics closures are tracked here: https://www.d3sports.com/notables/2020/06/schools-call-it-off-for-fall
Publisher. Questions? Check our FAQ for D3f, D3h.
Quote from: old 40 on September 25, 2007, 08:23:57 PMLet's discuss (sports) in a positive way, sometimes kidding each other with no disrespect.

thescottharris

Quote from: Gregory Sager on July 06, 2020, 04:33:49 PM
Yep. Not only are most D3 training staffs unequipped to handle attending to a football team playing out of season in the spring, on top of the spring sports that they already have to cover (and for which they always plan well in advance), but this is true of the rest of D3 support staffs as well. D3 Sports Information departments tend to be understaffed and have to work hard to make sure that all of their school's sports are duly covered; throwing football in on top of baseball, softball, track & field, lacrosse, etc., is going to make everybody suffer in that aspect of athletics as well. And then there's game staff. Do you know how many people it takes to put on a college football game, even at this level? It takes dozens, many (if not most) of whom don't work full-time for the school and who handle their game-day football responsibilities as a side gig. Good luck getting all of those people back together out of season and running an efficient, fully-staffed game crew.

I just can't see moving football to the spring as a viable possibility on the D3 level.
The financial implications it would take to play all fall sports in the spring would be disastrous for many colleges. You're talking about having to hire several more athletic trainers, either as staff members or as independent contractors. Same with SID departments. Hell, CNU had a shortage of one person this past fall and hired me as an independent contractor to do all the writing, design, and website work, basically anything that can be done without having to physically be there and had lots of trouble finding someone to be able to do the stuff at the games. Now imagine you move all those fall sports they have to the spring, what are they going to do?

And where is everyone going to practice? Lots of schools have limited field space under normal conditions. And they may not have lights to be able to accommodate the extra need. And what of the schools that use the grass outfields of their baseball fields for their fall sports field, or anyone else with a grass field of any sort that is used for both fall and spring sports? That field is going to be destroyed well before the spring seasons are finished.

A lot of schools rely on students to man game day positions and only have so many student employment spots they can fill. What are they going to do when they don't have the ability to hire enough people to cover all the game day positions? Hope they can find a bunch of volunteers to do it for free? lol good luck with that.

thescottharris

Quote from: Pat Coleman on July 11, 2020, 05:27:08 PM
The schools themselves, for academic purposes? I've seen lists of schools' planned dates for opening this fall tracked by the Chronicle of Higher Education but don't have a link handy.

The athletics closures are tracked here: https://www.d3sports.com/notables/2020/06/schools-call-it-off-for-fall
No, the school closing for good. I've seen an article here and there but I'm interested in knowing how many have called it quits.