"Medical school graduates avoid certain specialties out fear of the emotional and financial impact of lawsuits. What does this say about the state of our health care delivery system? Like osteoporosis, structural problems with our tort and financing systems threaten to fracture our once strong stream of physicians."

Dr. Carol Ritter, a solo gynecologist in Baltimore County who stopped practicing obstetrics in 2004, Baltimore Examiner, February 14, 2007.


Ambulance Chasers Try to Get Rich by Distorting Michigan's Drug Law Facts

"Given the problems Michigan faces and the opportunity that the state's Democrats have to effect change now that they hold a majority in the state House of Representatives, it would make sense for them to tackle some significant issues right out of the gate. Unfortunately, they've hitched their wagon to repealing a decade-old law that doesn't need fixing. Forget about business tax reform and never mind that little budget deficit issue. Don't worry about the mismanagement of the Corrections Department or of the foster care system. No, what Michigan needs, state Democrats say, is the repeal of the state law that forces trial lawyers to show legitimate harm before they can sue the drug companies." Detroit News, February 18, 2007.
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Bush renews call for tort reform

"President Bush again is taking jabs at medical malpractice lawyers and calling for nationwide tort reform. 'I'm worried about frivolous lawsuits that are running up the cost of health care,' the president said on a visit to Caterpillar Inc.'s Peoria headquarters last week, revisiting an issue that has been near the top of his agenda since he entered office. '. . . And when somebody gets sued all the time, they practice more medicine than is necessary and it runs up your cost.'" Chicago Tribune, February 8, 2007.
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Judging Asbestos

"Asbestos bankruptcies have become a favorite trial-lawyer scam in part because judges have been reluctant to police fraud in their own courts. So it's a milestone that two more federal judges have issued opinions exposing these shakedowns. The first comes courtesy of Judge Kathryn Ferguson, who has been overseeing the Congoleum bankruptcy. The maker of floor materials has become a poster child for everything wrong with the trial-lawyer innovation of "prepackaged" asbestos bankruptcies. Prepacks are a legitimate means of getting through bankruptcy, but most asbestos versions have become giant self-enrichment schemes." Wall Street Journal (subscription required), February 13, 2007.
Read More »

 

Legislative Update

The Utah House passed legislation that establishes liability protections for healthcare providers who provide emergency care. The bill now moves to the Senate, where it was formally introduced on February 22.

The Illinois Senate Judiciary Committee approved legislation that would allow defendants in a lawsuit to be forced to pay for damages they did not cause. Currently, Illinois law restricts a defendant's responsibility to his own wrongdoing.

A bill has been introduced in the Illinois General Assembly that will establish qualification requirements for "expert" witnesses. The bill will set the same standards of admissibility that are used in federal courts in order to ensure reliable testimony from expert witnesses before being offered in court.

 

The Stats

$800 million: The estimated costs drained from Maryland's health care system every year due to defensive medicine. Baltimore Examiner, February 14, 2007.

$8.1 million: Average jury award in New York State between 1999 and 2005 according a New York Jury Verdict Study. This compares to an average jury award of $6 million between 1997 and 2003. Albany Times Union, February 3, 2007.

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