Tag Archives: Tort Reform

News

How Texas cut costs by reforming medical malpractice suits

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Here’s some great news from the conservative state of Texas. (H/T Caffeinated Thoughts)

Excerpt:

The Texas Legislature in 2003 adopted sweeping changes to its civil justice system that significantly altered when, where and how many lawsuits could be filed. In the medical malpractice area, those reforms were basically threefold.

[…]First, to sustain a lawsuit against the medical care provider, an expert report was required within 120 days of filing the suit stating that the doctor being sued committed a medical error that caused injuries.

[…]Second, noneconomic damages were capped to control arbitrary awards on pain and suffering or loss of consortium.

[…]The third significant tort reform was to prohibit the introduction into evidence of phantom damages.

[…]These common-sense reforms have led to a massive increase in the accessibility of health care in Texas, huge growth in the capital infrastructure of hospitals and clinics, hundreds of millions of dollars more each year in charity care and Texas’ adding more than 16,000 new doctors in just six years.

And in reducing the actual number of suits to those in which claims are meritorious — a recent Harvard study concluded that up to 85% of all lawsuits brought against medical providers were frivolous — we have created a more equitable system of justice.

I wish I lived in Texas – that’s a real red state, except for stupid Austin. By the way, I got this story out of the round-up at Caffeinated Thoughts. There are couple of great articles in there, like one on the North Korean gulags. It’s worth a look. Shane always links to very interesting articles.

News

Trial lawyer lobby running a 6.2M deficit as economy tanks

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Story from the Washington Times. (H/T ECM)

Excerpt:

The trial lawyers lobby has been awash in debt and bleeding members – just as it embarks on a national campaign to block any clampdown on medical malpractice lawsuits as part of President Obama’s health care overhaul.

The American Association for Justice, the most prominent group representing plaintiffs’ attorneys, has seen a shake-up in its executive suite and has struggled to deal with what appears to be a mounting budget shortfall. To help it fight congressional efforts to make it harder for patients to sue doctors and lawyers, it recently sent out an extra solicitation to its members, asking them to fork over money for a lobbying campaign.

The most striking evidence of its financial woes is a swift decline in income, which resulted in a more than $6.2 million deficit in its operating budget for the fiscal year ending July 31, 2008, the most recent year for which data are available.

The biggest hit to its books was in membership dues, which dropped from $28.6 million in 2005 to $19.2 million in 2008, according to the annual AAJ financial report for that fiscal year filed with the Internal Revenue Service.

Trial lawyers raise health care expenses for patients and doctors.

Consider this article from the Weekly Standard.  (H/T The Heritage Foundation)

Excerpt:

There are credible estimates that serious tort reform could save the country between $100 and $200 billion annually in wasteful spending, as doctors practice defensive medicine to preempt lawsuits. … Now Obama says he’s going to study the issue. “I am directing my Secretary of Health and Human Services to move forward on this initiative today,” he said.

That would be Secretary of Health and Human Services, Kathleen Sebelius, whose resume includes eight years as director of the Kansas Trial Lawyers Association.

So Obama has chosen a former industry lobbyist to run tort reform.

Why are people cynical about health care reform?

According to Howard Dean, the trial lawyer lobby prevented the Democrats from including tort reform in the health care bill. They helped to elect Obama, and so Obama could not oppose them in his health care bill. The Democrats are a party dominated by special interest groups who contribute nothing to the economy.

Don’t forget that Obama picked a union lobbyist to be in charge of creating manufacturing jobs!

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Commentary

Flush with victory on death panels, Sarah Palin moves on to tort reform

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She's writing things that make me very happy!
She's writing things that make me very happy!

From her Facebook page. (H/T Hot Air)

Excerpt:

So what can we do? First, we cannot have health care reform without tort reform. The two are intertwined. For example, one supposed justification for socialized medicine is the high cost of health care. As Dr. Scott Gottlieb recently noted, “If Mr. Obama is serious about lowering costs, he’ll need to reform the economic structures in medicine—especially programs like Medicare.” [1] Two examples of these “economic structures” are high malpractice insurance premiums foisted on physicians (and ultimately passed on to consumers as “high health care costs”) and the billions wasted on defensive medicine.

And look – she has experiences to appeal to:

Many states, including my own state of Alaska, have enacted caps on lawsuit awards against health care providers. Texas enacted caps and found that one county’s medical malpractice claims dropped 41 percent, and another study found a “55 percent decline” after reform measures were passed. [4] That’s one step in health care reform. Limiting lawyer contingency fees, as is done under the Federal Tort Claims Act, is another step. The State of Alaska pioneered the “loser pays” rule in the United States, which deters frivolous civil law suits by making the loser partially pay the winner’s legal bills. Preventing quack doctors from giving “expert” testimony in court against real doctors is another reform.

SHE WANTS TO REGULATE TRIAL LAWYERS. YAHOO!

This is the third editorial she has written that has gotten me excited. She is citing scholars! She has footnotes! What more could a conservative man want? And I like her tone a lot more than Ann Coulter. She is trying to persuade her opponents, not to back them into stubborn opposition regardless of the facts.

Previous posts:

You know what? I think she is going in the right direction. Like a female Fred Thompson, she is getting used to vocalizing conservative policies and principles – which is exactly what we need to do to capitalize on Obama’s failures. I love it when women write passionately about what they think, especially when women take positions that support men, marriage and family by arguing for limited government and free market capitalism.