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Significant Effect of Texas Medical Malpractice Tort Reform on case filings and Law Firms

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Filed Down (Tort reform pushed by Gov. Perry dramatically reduces malpractice suits in Texas)
Fort Worth Star-Telegram ^ | 8/21/2006 | Jim Fuquay


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Medical Malpractice--One Doctor's Personal Experience

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Medical Malpractice--One Doctor’s Personal Experiences
This item was posted on RiskList by Anne Kramer at Anderson, Kill & Olick, highly regarded as one of America’s premier policyholder counsel firms. It is reproduced here with Anne’s kind permission.

Subject: RE: Your Med Mal post on risk list

I sent the BW article [MedProLaw.org poster’s note: BW is Business Week] article to a friend who is a family practitioner and OEM in the midwest. Some of you might be interested in his response:


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Closed Claims study highlights frivolous Med Mal claims

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New England Journal of Medicine
May 11,2006


Claims, Errors, and Compensation in Medical Malpractice Litigation
In this national study of 1452 closed claims, physician reviewers found no evidence of medical errors in 37 percent. Most claims, however, did not result in payment to the plaintiffs. Claims not associated with errors accounted for only 13 to 16 percent of the total costs. See original article in the New England Journal of Medicine.


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Because the Doctor isn't Always Right

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(CBS) It was a nagging cough that first sent Chuck Pandrea's wife Janet to her family doctor in Florida. She was then referred a specialist.

"It will be four years Sunday that she died," Chuck Pandrea says of his wife. "April 2nd. And to this day, I keep waiting for her, for her to walk in the door," he says, wiping back tears.

"He confirmed that she had non-Hodgkin's lymphoma in the very early stages. And the sooner we could start treatment, the better it would be," he says of the doctor.

Janet was told she needed chemotherapy.

"I went with her every time to, to the treatments. And she'd be sitting in that chair just religiously thinking it's going to make her feel better, make her better. And it didn't happen again," Pandrea says.

Go to:

http://www.cbsnews.com/stories/2006/05/07/sunday/main1596112.shtml


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A study of AMA data on malpractice premiums and doctor's income

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ABSTRACT: The conventional wisdom is that malpractice premiums have steadily risen.
and now constitute a crisis for medical practice. The best available data suggest otherwise.
Marc Rodwin


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ON LINE PETITION MAKES DRUDGE REPORT

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LINKS TO THIS PETITION WERE LISTED PROMINENTLY IN DRUDGE REPORT ON APRIL 21,2006
THE SPONSORS OF THE PETITION ARE
Contact Us
Doctors for Medical Liability Reform
317 Massachusetts Ave., N.E.
Suite 100
Washington, DC 20002
Phone: 1-877-9REFORM
dmlr@ProtectPatientsNow.org
Press Office Contact
Courtney Sanders
(202) 380-0616
press@ProtectPatientsNow.org

THE SITE URL IS
http://www.protectpatientsnow.org/site/c.8oIDJLNnHlE/b.1038335/k.743B/About_Protect_Patients_Now.htm


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Tom Baker's new book on Medical Malpractice

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Book Review

The Medical Malpractice Myth, by Tom Baker,
214 pp, $22.50, ISBN 0-226-03648-0, Chicago,
III,University of Chicago Press, 2005.
THIS IS A BOOK WITH A MISSION, BY AN
author with a-point of view. In a very
readable way Tom Baker sets up, then
knocks down, what he terms the "medical
malpractice myth," a partisan campaign
promoted by organized medicine,
health insurers, businesses, and
the Bush Administration. Its components,
he says, are these:


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Texas Medical Malpractice Suits Restricted

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Medical lawsuit caps shutting some out of courthouse


Malpractice insurance rates are down, but non-frivolous lawsuits are also stymied


By Eric Dexheimer <http://www.statesman.com/news/content/news/stories/local/03/mailto:edex
heimer@statesman.com>
AMERICAN-STATESMAN STAFF
Sunday, March 26, 2006

The typed letters with fancy legal letterheads started arriving at Sonya Counts' Round Rock ranch house in August 2004. They were apologetic but firm.

"Unfortunately, we must regretfully decline representation of you in any potential medical negligence claim at this time," read one.

"Thank you again for contacting us," said another. "You should not construe our decision as a decision on the merits of your case."

Go to Story

http://www.statesman.com/news/content/news/stories/local/03/mailto:edex
heimer@statesman.comzz




Republican Party on Health Courts

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03/07/2006 -

MS>

>color "9854eMeaningful Health Care Reform Begins with Health Courts Executive Summary >

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“Why Health Courts are Unconstitutional”

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Amy Widman
Center for Justice & Democracy
(publication forthcoming by the Pace Law Review)

Over the past few decades, there have been repeated proposals to remove medical
malpractice claims from the civil justice system entirely. These claims, most of which
are negligence claims, are traditionally brought in state courts and appear before a jury.
The proposals typically focus on removing the claims from the jury and creating alternate
tribunals for adjudication. Usually vague promises that an alternative system will be
more fair to plaintiffs and/or will provide more compensation accompany such proposals.
To date, the proposals have all been struck down. However, the current administration
has made tort reform a priority and once again the topic of specialized health courts is up
for discussion.


www.centerjd.org




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