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Archive for the 'Tort Reform' Category

No Cap — No More

A judge in Fulton County, Georgia, has struck down the cap on monetary awards in a medical malpractice case. Superior Court Judge Marvin Arrington wrote that the cap was unconstitutional because it allowed protection to the medical profession that was not allowed to other defendants such as manufacturers of defective products. "It is absurd to [...]

Silent Tort Reform: Watch out for Premption

People over Profits.  That is how it should be.  It isn’t. So now pharmaceutical companies and any company regulated by the federal government want to be able to keep you out of state court.  Why?  They say that because the federal government has approved a drug or medical device or consumer product, that it therefore [...]

Here’s how a malpractice cap affects a verdict

In a recent medical malpractice verdict in Indiana a jury awarded $3.7 Million to a young person with cerebral palsy.  Indiana state law reduces that amount to $2 Million under a law that caps verdicts. Hmmm.  So what that means is that the insurance company gets to fight tooth and nail to keep from paying [...]

Here we go again.

One big verdict and you start seeing stories like this.  You have to dig deep into this article to see the reality:  Insurance Companies control trial tactics and settlement negotiations.  The insurance company in this case could have settled this case for $2 million.  That is less than 10% of the verdict.  Instead, they chose [...]

Lawsuit filed to Challenge Texas Medical Malpractice Caps

The Malpractice Cap Law in Texas is just SO arbitrary.  Now, I don’t believe that malpractice caps actually drive down insurance rates.  (That position is probably no surprise to anyone reading this as I am a plaintiff’s lawyer) Here’s the thing:   If you set caps at a hard number then all you do is cap [...]

Doctor and Lawyer: Back and forth on tort reform

I was looking at an article on John Ritter’s death today.  There was a lawsuit that followed alleging medical negligence.  As part of my research I came across this blog entry from another lawyer and went off on another tangent. There is a great point counterpoint that goes on in the comment section of this [...]

Profit or Charity. Virginia is deciding

The Virginia supreme court recently heard arguments about whether physician foundations could get immunity from medical malpractice lawsuits because of their charity work. The state Supreme Court heard arguments yesterday that pitted the rights of patients injured by negligence against the medical community’s need to preserve its financial well-being in the face of growing indigent-care [...]

Move Medical Malpractice Out of the Courts?

The National Center for Policy Analysis has released a report proposing that medical malpractice cases be moved completely out of the legal system and be handle by contract.  The idea appears to be that you agree with your doctor or other medical care provider ahead of time what the value  of your life or injury [...]

What!?, High Malpractice Premiums are caused by the Insurance Companies?

No Kidding. A study has come out showing that Texas’ medical malpractice crisis was not driven by runaway juries and high-priced settlements. The premium increases were due to volatility in the insurance industry. Tort Reform will not reduce premiums. The article at The Herald & Review