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Articles Posted in Tort Reform

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Liability Insurance Rate Increases Coming?

Liability insurance companies make money in two major ways.  First, they make money on the insurance product – doing good underwriting, setting appropriate rates, and properly managing claims.  Second, insurance companies make money holding today’s premiums to pay tomorrow’s claims (and claim expenses).  That money is invested, and the investment…

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Fee Caps – And the Harm to the Patient that Results

There is a lot of talk about capping fees in medical malpractice cases.  Fees are already capped, of course, at one-third of the recovery, but the health care industry wants further limitation on fees charged to plaintiffs in successful cases. Why?  Because they’re not stupid.  They understand that a lower  fee…

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The Politics of Fear in an Effort to Achieve Tort Reform

Insurance companies know that they have little credibility in the fight over access to the courthouse.  This is particularly true in the medical malpractice area, where the evidence   in Tennessee demonstrates that (a) doctors and hospitals win over 96% of jury trials; (b) professional liability rates, adjusted for the medical  inflation rate,…

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Chamber of Commerce Wants to Preserve Right to File Suit

That’s right.  The Chamber of Commerce believes in  the right to file suit if you have been aggrieved by the conduct of another. As long as you are a car manufacturer and want to complain about new laws limiting greenhouse gas emission standards. Read about the Chamber’s latest hypocrisy  here. Thanks to…

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The Case for a “Loser Pays” Rule

The Manhattan Institute for Policy Research has issued a report extolling the virtues of a "loser pays" rule. Here is an excerpt from  the "Executive Summary:" This study explores the likely effects of adopting a "loser pays" rule for attorneys’ fees in the United States. Loser pays, sometimes called the "English…

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2008 Medical Malpractice Report Released

The Tennessee Department of Commerce and Insurance has released the 2008 Medical Malpractice Claims Report.  The report reveals data from medical malpractice cases settled and tried in Tennessee in calendar year 2007. The numbers: Total judgments for plaintiffs   2004           6        2005           5 2006           6        2007           7 Total settlements                      2004         444 2005         461 2006         453 2007         492…

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