Category Archives: Tort Reform

What “Tort Reform” Is, and Why It Matters to You

Written On July 14, 2010 By Bob Kraft

The Center for Justice & Democracy has an excellent set of questions and answers about tort reform. Anyone with an interest in this subject should read this information. Here is a description of the Center from its site:
The Center for Justice & Democracy is the only national consumer organization in the country exclusively dedicated to [...]

Posted in Tort Reform

A Prescription for Malpractice

Written On June 23, 2010 By Bob Kraft

An interesting editorial on possible solutions for the “medical malpractice crisis” was featured on the Web site of the New York Times Union. The short article mentions several experiments to be tried in New York City:
The search for a solution to the high cost of medical malpractice has long been like a murder mystery — [...]

Posted in Medical Malpractice, Tort Reform

What Would Cars Be Like Without Trial Lawyers?

Written On April 23, 2010 By Bob Kraft

There’s a great illustration at the Web site of the American Association for Justice that shows what our automobiles might be like today were it not for the efforts of plaintiff trial lawyers over the years. There is also a lengthy report titled Driven to Safety that details the improvements in safety that have been [...]

Posted in Tort Reform, Vehicle Law or News

Safer Patients Mean Fewer Malpractice Suits

Written On April 20, 2010 By Bob Kraft

Could it really be this simple? If doctors and hospitals quit making so many medical errors there would be a decrease in the number of medical malpractice lawsuits? Wouldn’t this solution be much better for society than artificial caps on damages for the victims of medical malpractice?
An article in HealthDay says that as medical errors [...]

Posted in Medical Malpractice, Tort Reform

The Tort Reform Crowd Thinks This Was A Frivolous Lawsuit

Written On March 26, 2010 By Bob Kraft

This was the headline of a recent post on the excellent Boston Personal Injury Blog, written by Massachusetts attorney Alan H. Crede. With Alan’s permission, I am reprinting his post here:

Reading the tort reform blog Pointoflaw.com, I came across a link captioned: “‘Ford failed to warn seating unsafe for obese persons’ suit fails.” Sounds pretty frivolous, [...]

Posted in Political and/or Judicial, Product Liability or Medical Devices, Tort Reform, Vehicle Law or News

Report: Congress Should Focus on Curtailing Medical Errors, Not Patients’ Rights

Written On March 9, 2010 By Bob Kraft

According to an update of the National Practitioner Data Bank released recently, fewer medical malpractice payments were made on behalf of doctors in 2009 than any other year on record. This contradicts claims by some that medical malpractice litigation is to blame for rising health care costs. Last year was the fifth consecutive year the [...]

Posted in Insurance Information, Medical Malpractice, Tort Reform

Texas Medical Malpractice Suits Have Almost Disappeared

Written On February 11, 2010 By Bob Kraft

Here’s a short, “in-your-face” statement about medical malpractice in Texas by Ms. Joanne Doroshow, Executive Director of the Center for Justice & Democracy:

No offense to my GOP friends and their one big health care idea – i.e., “tort reform” — but who wants to walk into a hospital these days knowing that there is [...]

Posted in Medical Malpractice, Tort Reform

“Tort Reform” Won’t Fix Health Care

Written On December 22, 2009 By Bob Kraft

In an op-ed article in the Baltimore Sun, attorney Wayne M. Willoughby makes a convincing argument that “tort reform” is not the solution to high healthcare costs. Here are excerpts from the article:
For months now, national Republicans and their media supporters have attempted to divert the health care debate away from improving access to quality [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Maybe a New Day for Doctors’ Pay

Written On November 9, 2009 By Bob Kraft

Robert H. Frank, an economist at Cornell University, has written an interesting article for the New York Times regarding money earned by physicians. The gist of the article (rather densely written as you would expect from a professor of economics) is that one reason health care costs are so high is that doctors are paid [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

“Tort Reform” Is a Desperate Distraction From Health Care Debate

Written On November 9, 2009 By Bob Kraft

This article was written for the Huffington Post by Anthony Tarricone, president of the American Association for Justice. Here are excerpts:

Those opposed to real health care reform are flailing to come up with real, alternative solutions to our current crisis. With all the talk of death panels, government takeovers, and rationing of care, now tort [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Omnicare Will Settle Kickback Cases for $98,000,000

Written On November 4, 2009 By Bob Kraft

CBS Evening News (11/3, story 9, 1:40, Smith) reported, “As members of Congress debate healthcare reform, most would agree there needs to be a crackdown on cheating. Chief Investigative Correspondent Armen Keteyian reports now on a staggering fraud settlement involving healthcare giant Omnicare.” CBS (Keteyian) added that “Omnicare agreed to pay nearly $100 million to [...]

Posted in Health Insurance, Insurance Company or Government Misconduct, Tort Reform

Increasing Risk, Hurting Patients — Malpractice Caps

Written On November 3, 2009 By Bob Kraft

Forbes Magazine has an interesting article about medical malpractice lawsuit caps, and how that idea is bad for patients. The article is written by Shirley Svorny, a professor of economics at California State University, Northridge, and an adjunct scholar at the Cato Institute. Here are excerpts:
A new Congressional Budget Office report estimates that a set [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Medical Malpractice Insurers: Time to End Their License to Gouge

Written On October 30, 2009 By Bob Kraft

Here’s an interesting opinion about one reason medical malpractice insurance premiums are so high. This is from one of the contributors to the Huffington Post:
In 1945, Congress gave the massively powerful insurance industry an astonishing gift. It bestowed on them the freedom to do what would be illegal in every other industry (save, strangely, Major [...]

Posted in Health Insurance, Insurance Company or Government Misconduct, Medical Malpractice, Tort Reform

Tort Reform Is Not The Answer

Written On October 29, 2009 By Bob Kraft

Tort reform is not the answer — that’s the headline of an editorial in the Des Moines Register. The editorial lays out the arguments in favor of tort reform as a way to save money on health care, but comes to this conclusion:
The truth is some Americans are injured by health-care workers. They contract infections [...]

Posted in Health Insurance, Insurance Company or Government Misconduct, Medical Malpractice, Tort Reform

Battle Over Legal ‘Reforms’ Has Been Costly to Families

Written On October 19, 2009 By Bob Kraft

The Houston Chronicle has a good editorial about recent insurance “reforms” in Texas and across the nation. The gist of the editorial is that these reforms are hurting, not helping, average consumers. Here are excerpts:
For 20-plus years, the insurance industry, aided by tobacco interests, polluters, developers and the medical industry, have been engaged in a [...]

Posted in Health Insurance, Insurance Company or Government Misconduct, Medical Malpractice, Tort Reform

Tort Reform – Not a Health Care Panacea

Written On October 14, 2009 By Bob Kraft

An editorial in the Salt Lake Tribune provides insight into the current debate on the effect of medical malpractice on the costs of health insurance. The editorial puts things into perspective by pointing out that the total savings if all medical malpractice claims were to be eliminated would be only ½ of 1% of the [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Health Care Issues: Medical Malpractice Lawsuits

Written On October 9, 2009 By Bob Kraft

The Richmond Times-Dispatch has a short article about the heath care debate and the effect of medical malpractice tort reform on the costs of health care. The gist of the article is that the entire cost of medical malpractice lawsuits is less than ½% of total health care spending. Here are excerpts:

A look at key [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Medical Malpractice Insurance Companies Earning More Than Ever

Written On October 8, 2009 By Bob Kraft

Here’s an astonishing statistic released by the American Association for Justice this week: The 10 biggest medical malpractice insurers have average profits higher than 99% of Fortune 500 companies!
Here is the full press release from the American Association for Justice:

As Congress debates nationwide health care reform, a new analysis reveals malpractice insurers have long-played a [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

Medical Malpractice Not to Blame for Rising Health Care Costs

Written On October 7, 2009 By Bob Kraft

A panel of experts, speaking at Georgetown University, has declared that tort “reform” of medical malpractice lawsuits is not the solution to the current health care crisis. As many previous studies have detailed, this panel stated that medical malpractice accounts for only 2 to 3 percent of health care costs. So eliminating medical malpractice lawsuits [...]

Posted in Health Insurance, Medical Malpractice, Tort Reform

The Real Reason for “Excessive” Medical Tests

Written On September 29, 2009 By Bob Kraft

Today’s Dallas Morning News has an editorial regarding medical testing that is relevant to the current health care debate. In my experience, “excessive” medical testing has more to do with medical professionals wanting to profit from the tests than with the defensive medicine so often mentioned by proponents of tort reform. That doesn’t mean the [...]

Posted in Medical Malpractice, Tort Reform