American Legal System

New Studies Show that Damage “Caps” in Health Care are Harmful

Chris Welsh, Esq. Advocates of tort reform like to celebrate caps on damages. They claim it protects access to health care by increasing physician numbers and keeping costs down. Three new studies show that that is not the case. First, a study examined five states with “caps” and compared to control states. It found that caps actually lead to an increase in preventable events of patient injury and that the decline in quality care applied to both events that would lead to malpractice suits (a foreign object left in the body) and those that would not (bacterial infection). Another study, …


Tort Reform Treats Children, Mothers, and the Elderly as Second-Class Citizens

Brian Nettles, Esq. Too often, medical malpractice cases are mischaracterized. So much so, in fact, that medical malpractice has become a dirty word. Thankfully, a great new blogpost by Joanne Doroshow honestly maps out the in’s and out’s of medical malpractice liability. By doing so, she paints a more accurate portrait of what it means to “win” a medical malpractice suit. When an injured patient “wins” a medical malpractice case, its not really a “win” but compensatory gain for harm that has been inflicted on them. The money that the plaintiff receives typically goes to the treatment of the …


AT&T Settles $105 Million for Unlawful Charges to Consumers

Chris Gilreath, Esq. AT&T Inc. will pay $105 million to settle claims with the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), all 50 states and the District of Columbia, that the company billed wireless customers unauthorized charges for services. $80 million will be used for customer refunds and the remainder will pay for state and federal fines. The unauthorized charges were for services offered by another company, such as subscriptions for ringtones, wallpapers, and text messages containing flirting tips, horoscopes, and celebrity gossip. The practice, also known as third party billing or mobile cramming, is a lucrative scam …


RAND Study Shows Tort Reform Does Little

Chris Welsh, Esq. Defensive medicine in emergency care departments is not as prevalent as tort reform promoters would like you to believe. A new study shows that tort reform has little effect at all in emergency departments for Medicare patients (those 65 and older). For the past decade, many have been falsely led to believe that crippling medical costs are because of a proliferation of malpractice lawsuits. Most simply, the idea is that doctors are so fearful of malpractice lawsuits, that they order extra MRI’s and expensive tests, and extra days in hospital care, driving up the health care …


Personal Stories Show Tragic Reality of the “Texas Miracle” of Tort Reform

Christoper Nace, Esq. Prop 12, an amendment to the Texas constitution, was passed in 2003. Largely unbeknownst to voters, it was an amendment to the constitution because it set forth an unconstitutional mission: to limit access to a jury and damages for harm. Marketed (yes, marketed) as an amendment to stop “jackpot justice,” rampant frivolous lawsuits, and an imaginary flight of doctors fleeing the sue-happy standards, Texas pundits persuaded voters to pass the legislation. Notably, the amendment was shut down by every metropolitan city. The win was boosted by rural voters made fearful of losing the few doctors they had. …


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