Articles Posted in Tort Reform

Yesterday afternoon the Civil Practice Subcommittee of the House Judiciary Committee voted 3-2 to reject a bill offered by Rep. Doug Overbey that would have capped pain and suffering awards to medical malpractice victims and placed other limitations on recoveries. Voting against the legislation were Chairman Briley, Majority Leader McMillian, and Rep. Brooks. Fifteen to twenty doctors and the spouses of several attended the committee meeting and worked the halls before the vote. Several victims of malpractice also attended and spoke with some of the committee members.

The health care industry reportedly spent $500,000+ on this effort and one of their representatives has told me that they will be back next year. They want caps on damages and will accept nothing less.

The legislators opposing this legislation were under tremendous pressure to vote in favor of the health care industry and exercised great courage by standing up in favor of patients. Each of them deserve our thanks and our support.

The Civil Practice Subcommittee of the House Judiciary Committee meets today to hear testimony on the medical malpractice reform bill sponsored by Rep. Doug Overbey. The legislation caps damages non-economic losses at $250,000 against providers and $250,000 against factilities, with no more than $500,000 awarded in any one case. It mandates periodic payments of future damages, changes the rules concerning expert witnesses, limits the bond that must be posted by a defendant on appeal, requires a certificate of merit, and limits attorneys’ fees. The Bill is HB 3693; read more about it here. The five-person committee will vote at the conclusion of testimony.

I will be spending the day at the Legislative Plaza.

Here is an editorial from Wausau Daily Hearld Wisconsin, the county seat in my home county in the Northwoods.

A sample:

“Now legislators have pulled another number from thin air and set it as the cap after hearing tales of horror and woe from the state’s physicians. You likely heard or saw some of their ads. They said that without a cap, doctors would flee the state for fear of being sued, or that health care costs would skyrocket to compensate doctors for increasing insurance premiums.

Tort reform swept through Georgia in 2005, and now the harm and the potential for harm is beginning to be felt. This article from Atlanta’s leading newspaper explains the consquences of the offer of judgment rule.

I hasten to note that the Tennessean has editorialized against tort reform for years.

Thanks to Ken Shigley from telling us about this article.

The Florida Supreme Court ruled that the limitation of attorneys’ fees in medical negligence cases could be the subject of a knowing, voluntary waiver by a plaintiff in a medical negligence suit. It directed the Florida Bar (Florida has a unified bar association) to come up with an appropriate rule to guide Bar and the public on this issue.

Here is the proposed rule. The written waiver is on Page 47 and 48 of the linked PDF file.

Any state that has a fee cap that will make it impossible for a competent lawyer to represent an injured or deceased plaintiff in a medical negligence (or any other tort) action should look to Florida for guidance on the issue.

Health care industry lobbyists: read this article and then try again to convince me that juries are solely motivated by sympathy.

In fact, given that most med mal cases concern serious injury or death (because of the economics of pursing the claims) what explanation do you have for defense verdicts in any of the cases?

And why is it everytime I do not demand a jury in a medical negligence case the defense demands one? Why would they want to expose themselves a crazy jury?

This study by “Americans for Insurance Reform” says that the so-called crisis in the medical malpractice insurance market is over.

The introduction to the report:

“The most recent data from the Council of Independent Agents and Brokers now confirms that the large medical malpractice insurance rate increases that took hold around the nation in 2001 and 2002 have ended.

The Tennessean was kind enough to publish an op-ed piece I wrote. Here is the full article from today’s paper.

Health-care industry sells snake oil about malpractice

By JOHN A. DAY

Here is the lead editorial in today’s Tennessean:

Beware of quick fix on malpractice reform

It’s a fact that Tennessee physicians, particularly those in some specialty groups, have to pay high rates for malpractice insurance. Those high premiums discourage young doctors from pursuing some specialties and drive practicing doctors out of some geographic areas.

Here is the full text of a press release from AARP in Georgia:

“ATLANTA – A full year after Governor Sonny Perdue signed into law some of the nation’s most severe changes to the state’s court system – stripping average Georgia families of their Constitutional right to access the justice system – liability insurance rates for the state’s physicians continue to climb.

According to the Office of the Insurance Commissioner, five medical malpractice insurance companies filed requests to increase physicians’ premiums over the past 12 months. In fact, First Professionals Insurance moved to hike physician’s premiums just two days after Governor Perdue’s bill signing ceremony at Northside Hospital. Other companies include G.E. Medical Protective, State Volunteer Mutual Insurance Company, Medical Assurance Company of Mississippi and Medical Mutual Insurance Company of North Carolina.