Well said Muffster. Tort reform has been around in most states for 20 years now. Since its enactment, malpractice suit filings are way down. recovery caps for non-economic damages are standard in most states. Insurance company profits are at record highs. Doctors and hospitals continue to commit medical mistakes with impunity yet, the liability insurance industry, with their bought and sold republican shills in the house and senate continue to sing the same old song blaming their favorite whipping boys, the lawyers for all the ills of rising health care costs. And your average, fly over red state, church goin, flag wavin, gun tottin, bush lovin, republican moron slurps it up like those idiots you see at the tea parties.
By the way, don't blame Congressman Wilson for his outburst last night. He just got his presidents mixed up.
Eddie
Oh, yeah, Congressman Boner from here in southwest Ohio got 3.7 million in campaign contributions from the insurance companies. This is the same clown that was passing tobacco lobbyist money around on the senate floor. One of the dumbest men ever to walk on the planet.
Here in southwest Ohio we have John Boner and Jean Schmidt as our representatives. Goes to show you how bright the electorate is around here. Then again these are the same people who have sold out the Bengals for 44 straight games. Short on iq to say the least.
Glad you brought up tort reform Edward--
Tell me how it is feasible that tort reform would not lower cost--just one fact please--
Tort reform has occurred in many states and I know of none that has repealed any changes because they didn't work--or weren't satisfied with them.
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</TD></TR><TR><TD colSpan=2><!-- Content Area. Text of your page begins here --><TABLE class=maincontent cellSpacing=0 cellPadding=3 width="100%" border=0><TBODY><TR vAlign=bottom><TD width="16%"></TD><TD width="9%"></TD><TD width="29%"></TD><TD width="1%"></TD><TD width="45%"></TD></TR><TR vAlign=top><TD colSpan=5><HR width="100%" SIZE=1></TD></TR><TR vAlign=center><TD>
Type of Reform</TD><TD align=middle>
Number
of States
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Summary</TD><TD></TD><TD>
States That Have Enacted the Reform</TD></TR><TR vAlign=top><TD colSpan=5><HR width="100%" SIZE=1></TD></TR><TR vAlign=top><TD>Modify Joint-and-Several Liability</TD><TD align=middle>38</TD><TD>States have based the amount for which a defendant can be held liable on the proportion of fault attributed, but the formulas differ substantially from state to state. In addition, most of the reforms apply to specific types of torts or have other restrictions.</TD><TD></TD><TD>Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming</TD></TR><TR vAlign=top><TD>Modify the Collateral-Source Rule</TD><TD align=middle>25</TD><TD>Typical reforms either permit evidence of collateral-source payments to be admitted at trial, allow awards to plaintiffs to be offset by other payments, or both.</TD><TD></TD><TD>Alabama, Alaska, Arizona, Colorado, Connecticut, Florida, Georgia,* Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,* Kentucky, Maine, Michigan, Minnesota, Missouri, Montana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon</TD></TR><TR vAlign=top><TD colSpan=5></TD></TR><TR vAlign=top><TD>Limit Noneconomic Damages</TD><TD align=middle>23</TD><TD>The caps range from $250,000 to $750,000. More than half of the reforms apply to torts involving medical malpractice.</TD><TD></TD><TD>Alabama,* Alaska, Colorado, Florida, Hawaii, Idaho, Illinois,* Kansas, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire,* North Dakota, Ohio, Oklahoma, Oregon,* Texas, Washington,* West Virginia, Wisconsin</TD></TR><TR vAlign=top><TD colSpan=5></TD></TR><TR vAlign=top><TD>Limit Punitive Damages</TD><TD align=middle>34</TD><TD>Various types of limits include outright bans; fixed dollar caps ranging from $250,000 to $10 million; and caps equal to a multiple of compensatory awards.</TD><TD></TD><TD>Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois,* Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin</TD></TR></TBODY></TABLE>They had extensive research in Texas where tort reform was most stringent--entire link to Perryman Report--quite lengthy in PFD format .
The changes to medical liability in 2003 were extraordinary, and had a very substantial impact, including:
1. In August 2004, the Texas Hospital Association reported a 70% reduction in the number of lawsuits filed against the state?s hospitals.
2. Medical liability insurance rates declined. Many doctors saw average rate reductions of over 21%, with some doctors seeing almost 50% decreases. (Recent information provided to The Perryman Group during the course of this study suggests that premiums are declining even further in 2008.)
3. Beginning in 2003, physicians started returning to Texas. The Texas Medical Board reports licensing 10,878 new physicians since 2003, up from 8,391 in the prior four years. Perryman has determined that at least 1,887 of those physicians are specifically the result of lawsuit reform.
4. In May 2006, the American Medical Association removed Texas from its list of states experiencing a liability crisis, marking the first time it has removed any state from the list. A recent survey by the Texas Medical Association also found a dramatic increase in physicians? willingness to resume certain procedures they had stopped performing, including obstetrics, neurosurgical, radiation and oncological procedures.
Last year, TLR commissioned a study by The Perryman Group to figure out the impact of these reforms (the above are excerpted from that report). Here are the economic impact findings of that study:
$112.5 billion increase in annual spending
$51.2 billion increase in annual output ? goods and services produced in Texas
$2.6 billion increase in annual state tax revenue
$468.9 million in annual benefits from safer products
$15.2 billion in annual net benefits of enhanced innovation
499,000 permanent jobs
430,000 additional Texans have health insurance today as a result of the medical liability reforms
The complete
Perryman Group report is here.
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