Sunday, May 14, 2006
RangelMD on Tort Reform in Texas
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Texas enacted caps on medical malpractice awards in 2003. The debate there on whether these caps are good or have been responsible for the drop in new malpractice cases by 60%-80% continues.
"Obviously the need is to reduce legal costs, increase ease and access to the system, increase efficiency and speed of proceedings so that justified compensation finds its way to the plaintiff with all deliberate speed, and establish much more consistency in finding fault and awarding compensation. One solution is the establishment of special health courts where neutral expert witnesses would be hired by the court, judges or panels would hand down judgments, and guidelines would be in place for the determining of fault and compensation.
It's easy to see why trial lawyers oppose special health courts because their roles would be significantly reduced. A system like this would be far less susceptible to such intangibles as the fickle mood of a jury or the charisma of the lawyer. We've been talking for years about reducing costs and improving access to health care. Maybe it's about time we started doing the same with our tort system. Proposition 12 may have been the first small step in that direction."
[RangelMD]
Friday, May 27, 2005
Medical Malpractice Law in the United States - Kaiser Family Foundation
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Medical Malpractice Law in the United States - Kaiser Family Foundation:
" The Kaiser Family Foundation today issued a new report that explains how medical malpractice law in the United States works and provides an overview of recent trends and reform approaches. The Foundation also posted state-specific data on medical malpractice claim payments on statehealthfacts.org, the free online source of current health and health policy data for all 50 states. "
Monday, February 7, 2005
Kaiser Daily Health Policy Report Highlights News of State Medical Malpractice Developments
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Summarizes recent developments in tort reform in Georgia, Maryland, Missouri, Nevada, North and South Carolina, and Wyoming.
[Via UK Medical News Today]
Wednesday, February 2, 2005
Tort System Costs
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I'm posting these data mainly so I'll be able to find them again at a later date, but others might find the numbers useful as well.
" The tort system now costs every man, woman, and child in America an average of $845 a year, almost 10 times the inflation-adjusted $91 per capita it cost in 1950. The $246 billion-a-year total comes to 2.2 percent of America's gross domestic product -- more than triple the 0.6 percent in the United Kingdom and more than double the 0.8 percent in Japan, France, and Canada. And as of 2002, only 22 percent of all tort costs went to compensate alleged victims' out-of-pocket losses; 24 percent went to pay for non-economic losses such as pain and suffering; 19 percent went to plaintiffs' lawyers; 14 percent went to defense costs; and 21 percent went to insurance overhead. "
I found this section in Better Justice: Bush's Missed Opportunity, which is quoting U.S. Tort Costs:2004 Update Trends and Findings on the Cost of the U.S. Tort System.
Friday, December 24, 2004
Online Posting of Med-Mal Payouts Is Seen as Chilling Settlements
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Online Posting of Med-Mal Payouts Is Seen as Chilling Settlements:
" "Nearly five months after a [New Jersey] state government Web site began posting doctors' malpractice histories, the publicity may be having a chilling effect on settlements.
Lawyers on both sides of the aisle say that some doctors, faced with the reality that even a confidential settlement will end up on the Internet, are opting to take their chances in court.
They are exercising the right available under most medical malpractice policies to withhold their consent to settle, even when it goes against the wishes of their carriers and advice of counsel.
'Doctors do not want to settle at all now that it has to be reported to the databank for any payment whatsoever,' says defense lawyer Richard Amdur." "
[Via Point of Law]
Saturday, December 18, 2004
Pennsylvania and Medical Courts
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From Law.com: States Weigh Med-Mal Courts.
" "In Pennsylvania, a House bill was introduced in 2003 that would have created a Medical Professional Liability Court. The bill never made it out of committee.
"It was the source of a lot of discussions for the greater part of four or five months," said Mark Phenicie, the legislative counsel for the Pennsylvania Trial Lawyers Association. "But it hasn't happened ... .We have the additional impediment here that all of the judges are elected. If I'm a judge, I probably wouldn't want to have to run in a partisan statewide campaign just to be in a malpractice court." " "
Like other malpractice reform proposals, it never made it 'out of committee' because legislators from the Philadelphia area (who represent the trial lawyer lobby) prevented it from going to the floor for a vote.
[Via PointOfLaw Forum]
Friday, November 19, 2004
"Dispelling malpractice myths"
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"Dispelling malpractice myths" by the president of Johns Hopkins University:
""News reports of recent efforts to reduce malpractice insurance costs have missed what is needed: genuine reform of the medical justice system.
A good way to start is by jettisoning some commonly held misperceptions about the current malpractice system. Call them the "Myths of Malpractice..."""
[Via PointOfLaw Forum]
Tuesday, November 16, 2004
Would Specter Be Bad News For Tort Reformers?
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There's (another) good reason for physicians to take an interest in who is appointed Chair of the Senate Judiciary Committee--his record suggests Specter would be bad for tort reform.
"" A brief look at Mr. Specter's record makes that clear. In May of 1995, weeks into the new Republican majority, Mr. Specter tried to derail a product-liability reform bill. He voted against limits on attorney fees for medical liability suits and against limiting punitive damages to three times economic damages (not a hard cap, since economic damages would not be capped).
"Mr. Specter also voted against an amendment to limit non-economic damages to $500,000 and against another to protect OB/GYNs from being sued for problems they didn't cause. Mr. Specter also voted against the final bill. " --Washington Times"
More at NotSpecter.com.
[Via Overlawyered ]
Saturday, November 6, 2004
Summary of Medical Liability Ballot Initiatives
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Human Events Online: Medical Liability
""Voters in four states--Oregon, Florida, Nevada, and Wyoming--considered ballot initiatives to reform the broken medical liability systems in their states. In Oregon, Ballot Measure 35, which would have amended the constitution to establish a $500,000 cap on non-economic damages in medical liability cases, lost by 50.53% to 49.47%. In Florida, Ballot Measure 3 to amend the state constitution and limit contingency fees attorneys receive in medical liability cases passed 63.5% to 36.5%. In Nevada, Ballot Measure 3, which would amend Nevada's existing medical liability reform law by deleting exceptions to the $350,000 cap on noneconomic damages in medical liability cases, passed by 58.72% to 40.14%. In Wyoming, Amendment D, which would amend to the Constitution to allow the state legislature to enact caps on noneconomic damages, failed by a 2-to-1 margin.""
Wednesday, November 3, 2004
Ballot measure results
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Ballot measure results:
""...voters gave doctors and the business community some major victories in yesterday's ballot measures. Limits on malpractice lawyers' fees passed resoundingly in Florida, in a stinging rebuke to the trial bar. Among three other states considering med-mal ballot measures, doctors won decisively in Nevada and lost in Wyoming, while Oregon's measure was slightly trailing but too close to call..""
[Via Overlawyered]
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May Jun
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