Bulls**t part 2
7. The personal injury trial lawyers and various organizations that front for them already have begun their fundraising, advertising, and (MIS)information campaigns. It?’s estimated they will spend as much as $15 million before it?’s all over.
Which is about 1/100th of what insurance companies and corporations will be spending to get this tripe passed. And lets not forget that many of ''various organizations'' are consumer organizations. (remember? ''you and me'')
8. If you?’re FOR affordable and accessible health care, vote for Proposition 12 in September.
Don't forget children. Anyone who doesn't vote for this drivel must hate children. Puppies too.
9. Opponents of Proposition 12 have obscured the picture and confused the public. It is a FICTION that only incompetent doctors are sued. If this were true, the Texas Valley must attract primarily incompetent physicians because the highest percentage of sued doctors practice in this area. The reality is that juries in this area have historically given large awards to patients. Many of these doctors are sued not because of incompetence, but because they happen to practice in a favorable location for large jury awards.
Then why not make it harder to file a frivolous lawsuit? Article 4590i of the Texas Civil Statutes provides that you can't sue a doctor for malpractice unless you first find another doctor to identify the proper standard of care, state how the other doctor's malpractice violated that standard and also state that such violation caused the Plaintiff damage. Moreover, Rule 13 of the Texas Rules of Civil Procedure and Chapters 9 and 10 of the Texas Civil Practice and Remedies Code allow a judge to summary dismiss a frivolous lawsuit and punish the Plaintiff, and his or her lawyer, for filing it. And of course, what does this have to do with ''OTHER ACTIONS?'' This law throws the baby out with the bathwater and lumps meritorious suits with frivolous ones.
10. It is also a FICTION that medical liability suits drive bad doctors out of the profession. In fact, most lawsuits where there is significant malpractice rarely come to trial, but are usually settled out of court.
In fact, 98% of ALL CIVIL CASES are settled out of court. MOOT POINT.
11. Another FICTION is that restricting non-economic rewards will prevent any significant monetary award to a patient in a medical liability lawsuit. Actually, pain and suffering losses cannot be measured quantitatively, so an unlimited and enormous compensation can be demanded at trial. These demands are often used to strong arm physicians into settlements.
Translation: If you are not a wage earner, your life is worth nothing. And lest we forget, the same people who are being asked to vote on this law are the ones who impose damage awards. Are we afraid of ourselves?
12. The potential for enormous monetary awards presents a tempting opportunity for poorly based claims against a physician. More than 80 % of medical liability suits result in no award against physicians, but they must be defended by the insurance company, often costing up to $100,000, along with the emotional impact on the physician and his/her family.
This is totally misleading. The reason more than 80% of medmals lawsuit result in no award against physicians is because they settle out of court. Moreover, why the concern about the emotional impact on the physician and his/her family while restricting the patient's ability to recover for that same emotional impact?
7. The personal injury trial lawyers and various organizations that front for them already have begun their fundraising, advertising, and (MIS)information campaigns. It?’s estimated they will spend as much as $15 million before it?’s all over.
Which is about 1/100th of what insurance companies and corporations will be spending to get this tripe passed. And lets not forget that many of ''various organizations'' are consumer organizations. (remember? ''you and me'')
8. If you?’re FOR affordable and accessible health care, vote for Proposition 12 in September.
Don't forget children. Anyone who doesn't vote for this drivel must hate children. Puppies too.
9. Opponents of Proposition 12 have obscured the picture and confused the public. It is a FICTION that only incompetent doctors are sued. If this were true, the Texas Valley must attract primarily incompetent physicians because the highest percentage of sued doctors practice in this area. The reality is that juries in this area have historically given large awards to patients. Many of these doctors are sued not because of incompetence, but because they happen to practice in a favorable location for large jury awards.
Then why not make it harder to file a frivolous lawsuit? Article 4590i of the Texas Civil Statutes provides that you can't sue a doctor for malpractice unless you first find another doctor to identify the proper standard of care, state how the other doctor's malpractice violated that standard and also state that such violation caused the Plaintiff damage. Moreover, Rule 13 of the Texas Rules of Civil Procedure and Chapters 9 and 10 of the Texas Civil Practice and Remedies Code allow a judge to summary dismiss a frivolous lawsuit and punish the Plaintiff, and his or her lawyer, for filing it. And of course, what does this have to do with ''OTHER ACTIONS?'' This law throws the baby out with the bathwater and lumps meritorious suits with frivolous ones.
10. It is also a FICTION that medical liability suits drive bad doctors out of the profession. In fact, most lawsuits where there is significant malpractice rarely come to trial, but are usually settled out of court.
In fact, 98% of ALL CIVIL CASES are settled out of court. MOOT POINT.
11. Another FICTION is that restricting non-economic rewards will prevent any significant monetary award to a patient in a medical liability lawsuit. Actually, pain and suffering losses cannot be measured quantitatively, so an unlimited and enormous compensation can be demanded at trial. These demands are often used to strong arm physicians into settlements.
Translation: If you are not a wage earner, your life is worth nothing. And lest we forget, the same people who are being asked to vote on this law are the ones who impose damage awards. Are we afraid of ourselves?
12. The potential for enormous monetary awards presents a tempting opportunity for poorly based claims against a physician. More than 80 % of medical liability suits result in no award against physicians, but they must be defended by the insurance company, often costing up to $100,000, along with the emotional impact on the physician and his/her family.
This is totally misleading. The reason more than 80% of medmals lawsuit result in no award against physicians is because they settle out of court. Moreover, why the concern about the emotional impact on the physician and his/her family while restricting the patient's ability to recover for that same emotional impact?
