Those opposed to real health care reform are flailing to come up with real, alternative solutions to our current crisis. With all the talk of death panels, government takeovers, and rationing of care, now tort reform has been thrown into the mix.
Yet it will do practically nothing to lower health care costs, and certainly will not fix our broken health care system. However, it will most definitely hurt patients injured through no fault of their own.
The U.S. Chamber of Commerce has aggressively pursued an anti-civil litigation campaign for decades, with statements such as: America's Out-of-Control Civil Lawsuit System Hurts Businesses, Employees, and Families, and Frivolous lawsuits are crippling our legal system and sucking the vitality out of American businesses.
Continue reading "Biggest Advocate for Tort Reform Rushes to Court" »
Just in time for Halloween, a Canadian law professor has put together a round-up of vampire and zombie references in legal jurisprudence. There have been more than 200 such mentions during the past 50 years, with the vast majority in the United States, found Sharon Sutherland of the University of British Columbia. A teacher of theater as well as law classes, she has long been interested in the fictional world of the undead as portrayed in Buffy the Vampire Slayer and other popular television programs.
Losing key members and facing political headwinds, the U.S. Chamber of Commerce spent a record $34.7 million in the third quarter lobbying against the Obama administration's proposals to overhaul energy policy, financial regulation and health care.
The Chamber's money paid for more than a dozen lobbyists to visit Congress, the White House and agencies from Agriculture to Treasury. Most of the Chamber's positions -- free trade, unfettered credit card lending, Cash for Clunkers rebates -- enjoy broad support among the Chamber's diverse corporate members.
Continue reading "US Chamber of Commerce Loses Members Due to Radical Position" »
The political battle over health-care reform has many experts citing research by the Lewin Group, a consulting firm whose research is cited by opponents of a public insurance option.
To Rep. Eric Cantor (Va.), the House Republican whip, it is "the nonpartisan Lewin Group." To Republicans on the House Ways and Means Committee, it is an "independent research firm." To Sen. Orrin G. Hatch (Utah), the second-ranking Republican on the pivotal Finance Committee, it is "well known as one of the most nonpartisan groups in the country."
Continue reading "Insurer-Owned Consulting Firm Often Cited in Health Debate" »
Insurance companies and tort reform groups have dominated countless health care debates with assertions of a "medical liability crisis." But an analysis of new American Medical Association data rejects the myth that tort reform attracts more doctors, adding to a growing body of research that proves physicians are not fleeing the profession because of medical liability.
The AMA statistics show the number of doctors continues to rise nationwide and in every state. There are now twice as many doctors per capita than when the AMA began tracking physician numbers in the 1960s. The number of doctors has risen over the last five years in all states. Only Alaska, Georgia, Montana and Utah - all with medical malpractice caps - did not outpace population growth.
Continue reading "Malpractice Caps Do Not Attract Doctors" »
A Long Island surgeon has a broken heart and only one kidney. Dr. Richard Batista donated one of his healthy kidneys to his wife in 2001 when, after she experienced two rejections, she was in dire straits. Batista claims his wife, Dawnell, callously repaid him by first having an affair with her physical therapist and then denying him access to their children in an increasingly bitter divorce.
Now the doctor wants his soon-to-be-ex to pay $1.5 million for the organ he gave on her eight years ago in a gift meant to save her life and their foundering marriage.
A new study, which is to be published in the September issue of the Journal of Empirical Legal Studies, concludes that personal injury plaintiffs – victims of accidents, medical malpractice, legal malpractice, etc. – and plaintiffs in contract disputes typically improve their outcome by settling. The mistake of turning down settlement offers and proceeding to trial, and doing worse than the offer, was typically made in contingent fee cases.
This past week the head of a prominent cancer research institute issued an unprecedented warning to his faculty and staff to limit cell phone use because of the possible risk of cancer.
A new study published in the Columbia Business Law Review suggests that “there are strong advantages to a system in which businesses facing personal injury lawsuits could promptly pay injured parties for out-of-pocket medical expenses and lost wages while avoiding long court battles, high legal fees and "pain and suffering" damages.” The study of court settlements in personal injury lawsuits against businesses estimated companies could save an average total of $114,000 per claim or $670,000 for severe injuries by promptly settling cases instead of fighting them in court.
What proponents of the proposed system are not emphasizing is that the “early offer” system would prohibit injured victims from seeking compensation in the courts – essentially replacing your right to a jury trial with a compensation schedule much like worker’s compensation programs – unless “gross misconduct” could be proved. Even the law professors who authored the study admit this is a rarely proved in lawsuits.
Continue reading "When Does “Early Offer” Mean “No Fault”?" »
Thanks to tort reform, arbitrations instead of courtroom hearings are becoming more common. Whether buying a car, getting a credit card, or signing up for cellphone service, consumers increasingly are asked to sign an agreement that requires them to go to arbitration rather than sue in the event of a dispute. Franchisees and vendors for large corporations, too, encounter similar agreements.
Proponents say mandatory arbitration is quicker and cheaper than going to court. But critics contend the process isn't always fair.
There is no medical malpractice lawsuit crisis in America, according to analysis released last month by Public Citizen. The new report, “The Great Medical Malpractice Hoax,” dispels oft-repeated myths of dwindling doctors and spiraling insurance premiums used to support limits on the ability of injured patients to seek redress in the courts.
Continue reading "Study Exposes Medical Care Crisis Fairy Tale" »
Four years ago the Florida Legislature capped certain types of pain and suffering damages in medical malpractice suits, yet Florida doctors still pay the highest malpractice insurance rates in the country. Now, the high premiums for doctors mean ultimatums given to patients - sign away rights to sue over possible medical mistakes or maybe give up your doctor.
CNN recently released the results of an 18-month investigation into minor-impact soft-tissue injury crashes around the country, reporting what every personal injury lawyer already knows. According to CNN findings, most of the major insurance companies when faced with claims from such cases, have universally adopted a scorched-earth strategy since the 1990’s. The leaders in this strategy are the two largest insurers, Allstate and State Farm.
Contrary to the oft repeated mantra that jury verdicts continue to escalate out of control, the nation's largest verdicts to individual plaintiffs have fallen dramatically for the second consecutive year. For the top ten jury verdicts awarded to individual plaintiffs, this past year's total is one third of the total for the previous year, which was half the total of the year before.
Jack Cline is dying of leukemia that he says he got from exposure to benzene at his factory job. In most states, he would be able to sue the companies that made the benzene and let a jury decide if the company is responsible. But Alabama’s all-Republican, wildly pro-business Supreme Court threw out his case.
Lawyer jokes and uninformed statements bashing the civil justice system have dogged plaintiff attorneys through many a golf game, PTA meeting, or dinner party.
Continue reading "Insurance Industry's Misinformation Campaign" »
Many states, including Colorado, have recently adopted laws which limit the amount victims in personal injury lawsuits may collect. These limits are called “caps on damages” or simply “caps” because they cap the amount of money which may be awarded. For different circumstances, different caps may apply. Most frequently, these caps apply to the non-economic damages, the “pain and suffering” damages. The damages caps commonly encountered when pursuing a claim arising from a Colorado truck accident are discussed below.
Are most medical malpractice lawsuits frivolous? Are sky-rocketing health care costs the result of medical malpractice insurance premiums? Two articles in the May issues of two prestigious periodicals offer contrasting views.
I guess every profession has its share of "old wives tales" and "urban myths," but the practice of personal injury law seems to be a huge magnet for nonsense. Maybe this is because there is so much nonsense in our judicial system.