Project Lawsuit Abuse:
Stories from the Frontlines of Lawsuit Abuse

Posts for Health Care

The Benefits Speak for Themselves

Detractors of legal reform can be counted on to release “studies” and “reports” that support why they think legal reform is bad, but what they don’t ever talk about is all of the positive effects legal reform has had on state economies.

Case in point: Texas.

This week, Dr. Thomas Wilder, M.D., a board member of the Bay Area Citizens Against Lawsuit Abuse, authored a piece in the Corpus Christi Caller-Times looking at the obvious and monumental benefits of legal reform in the state.

What are you doing for Lawsuit Abuse Awareness Week?

Throughout October, Citizens Against Lawsuit Abuse groups across the country are reaching out in their communities in honor of Lawsuit Abuse Awareness Week. Groups are hosting roundtables, fundraisers and taking to their local newspapers and airwaves to highlight the problem of lawsuit abuse.

Lawsuit Abuse Awareness Week serves as an annual reminder to us all of the detriment abusive and frivolous lawsuits on our society.

Lawsuit abuse hurts our economy, our healthcare system and our personal freedoms. Too many American jobs have been lost to lawsuits because of the strain that frivolous lawsuits put on businesses and public entities.

New Study Touts Texas Reforms

The proof is in the pudding, folks. We probably sound like a broken record, but – it’s true: reform works.

A public policy think tank in Texas recently released a new study that found that medical malpractice reform has improved medical access for residents all over the state.

The Center for Economic Freedom, part of the Texas Public Policy Foundation in Austin, Texas, produced the study, titled “The Texas Model: Improving Health Care through Tort Reform.”

Defensive Medicine Carries a Hefty Price Tag

According to recent reports, defensive medicine contributes an estimated $50 billion in additional costs to the U.S. health care system – the most expensive health care system in the world.

In the current climate of fear, defensive medicine is becoming the norm, rather than the exception. The fear of a lawsuit drives physicians to order excessive tests, images and studies because they know they cannot personally afford to miss any diagnosis, regardless of how rare.

Medical liability loophole?

While West Virginia finds itself outside the legal mainstream far too often, our state’s 2003 Medical Professional Liability Act (“MPLA”) does serve as a model for medical liability reforms. Whereas West Virginia was a state experiencing a health care crisis less than ten years ago, we are now rated by Medical Economics as one of the ten best states in which to practice medicine. 

Our state Supreme Court has rejected most legal challenges to the MPLA, leaving personal injury lawyers looking for creative ways to evade the reforms.  One potential loophole — which states with reform should be on the lookout — are nursing home lawsuits. 

Legislation Could be a Payday for NY Malpractice Lawyers

The New York Post reports that a package of bills that are moving through the State Assembly could amount to big paydays for the state’s malpractice lawyers.

The legislation would increase attorneys’ fees on malpractice cases and extend cutoff dates to file suit. It’s no surprise that the bills are backed by lawmakers who just happen to also be lawyers.

Hospital officials aren’t pleased with the bills, saying that the legislation would “make it harder for hospitals to defend themselves and would increase the state's $1.6 billion malpractice-insurance bill by $80 million.”

Guest Blogger: Christine Vara, Shot of Prevention

Editor's Note: Project Lawsuit Abuse regularly features the voices of advocates from across the country. Today, Christine Vara, lead contributor at Shot of Prevention, is contributing a guest post. 

Guest Blogger: Lesley Smith, Pennsylvania Chamber of Business and Industry

Editor's Note: Project Lawsuit Abuse regularly highlights lawsuit abuse news from across the country. Today, Lesley Smith, communications executive at the Pennsylvania Chamber of Business and Industry is contributing a guest post.

Cuomo Takes on N.Y.’s Lawsuit “Sickness”

Today in the New York Daily News, columnist Bill Hammond shines his spotlight on New York’s medical malpractice problem – which has been a pox on New York’s health care system.

Hammond says that with the proposed Medicaid overhaul which was released last week, Cuomo is putting tort reform and the malpractice issue “at the front and center of the coming debate over how to rein in the state's soaring health spending.”  While Hammond also says that the plan is not ideal – it’s the most that’s been done to address the problem in two decades.

New Study Highlights Doctors’ Fear of Lawsuits

According to a new study conducted among doctors throughout Pennsylvania, roughly “one-fifth of tests that bone and joint specialists order are because a doctor fears being sued.”

Associated Press reported that seventy-two orthopedic surgeons tracked tests they ordered on 2,068 patients – most of which were adults – during standard office appointments, emergency room visits and other settings. For the purposes of the study, the doctors would check a box that indicated that the test was either “required for clinical care” or done "for defensive reasons."