Project Lawsuit Abuse:
Stories from the Frontlines of Lawsuit Abuse

Posts for Medical malpractice

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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."

Civil Justice System Finds a Voice on the Hill

Our nation’s civil justice system is getting some attention over on Capitol Hill. Late last week, six members of the U.S. House of Representatives said that they’re starting a “Congressional Civil Justice Caucus.”  The members hope that the caucus will be a “vehicle for organizing and debate.”

Representative Bob Goodlatte (R-VA) and the Representative Dan Boren (D-OK) are leading the caucus as co-chairmen. In a written statement, Representative Goodlatte said, “Excessive and frivolous litigation and inefficient rules and procedures drain U.S. companies of desperately-needed resources and hinder job growth and innovation.” Other founding members of the caucus include:

President Obama Mentions Malpractice Reform; What’s Next?

Noticeably absent from Obama’s health reform bill were much needed reforms that would limit frivolous medical malpractice lawsuits filed against doctors and hospitals. With trial lawyers standing in the way, caps on non-economic damages and other reforms never made it into the bill.

Healthcare Hall of Shame

As Lawsuit Abuse Awareness Week comes to a close, we’re calling attention to the personal injury lawyers’ attack on our healthcare system, which has had detrimental effects on the quality of care, driven up costs and created a shortage of doctors in many areas of the country. While many of the malpractice and healthcare-related suits filed are just, we wanted to point out some examples that make up our “Healthcare Hall of Shame.”

Maryland Delegate has a Question for the Trial Lawyers

Today, at a hotel in downtown Washington, D.C., the governing body of the American Association for Justice (formerly the Association of Trial Lawyers of America) will get together for a three-day meeting, where they will discuss topics such as the Association’s policies and their hefty budget. We took to some of our supporters to see what they wanted to ask the trial lawyers as they head into their meeting.
 
Here’s what Maryland Delegate Ron George wanted to ask the lawyers at the AAJ conference:

What questions do you want to ask the trial lawyers? Sound off in the comments!

Medical Malpractice Costs U.S. $55.6 Billion

Bloomberg published a story yesterday on the costs of medical malpractice. According to a report which was recently published in academic journal, Health Affairs, medical malpractice and the precautions taken to avoid litigation cost the U.S. about $55.6 billion annually, or 2.4 percent of the total health-care bill (based on 2008 figures).

Candidates Discuss Tort Reform, Health Care

Tort reform was a hot topic at a gubernatorial debate in Georgia last Saturday. During the debate, candidates shared their views on issues such as embryonic stem cell research and Medicaid funding, but it was discussion of medical malpractice and tort reform that caught Project Lawsuit Abuse’s attention.

The Atlanta Journal-Constitution reported on the debate and pulled out some of the statements. It is a step in the right direction that candidates are talking about tort reform and lawsuit abuse. Hopefully we will start to see lawmakers acting on them and not just talking about them.

Obama testing med mal reforms

Word on the street is that the Obama Administration will test legal reform through a new grant to the Department of Health and Human Resources. 

Under this policy, physicians couldn’t be sued for procedures carried out according to clinical guidelines.  Inside Health Reform explains:

Under the grant, one of 20 awarded last month by the Agency for Healthcare Research and Quality, Oregon's health policy office will craft a legislative proposal offering physicians who follow clinical guidelines ‘safe harbors,’ meaning the provider satisfied the legal standard of care.

We are to see the results!