Patients Or Trial Lawyers? Kerry's Choice Is On Ticket

PATIENTS OR TRIAL LAWYERS? KERRY'S CHOICE IS ON TICKET
"[T]o Many Doctors, Mr. Kerry Is Carrying Heavy Baggage … His Running Mate, Sen. John Edwards … Edwards, A Former Trial Lawyer, Made A Fortune Suing Doctors And Others For Medical Malpractice." (Robert S. Greenberger, "Doctors Diagnose Kerry As High Risk," The Wall Street Journal, 8/5/04)
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Ignore The Record: Kerry Promises He'll Be
Like Nixon In China, Take On Trial Lawyers

Kerry Said He Would Push Medical Liability Reform Despite Trial Lawyer Ties, Just As Nixon Opened U.S. Relations With Communist China. "At a recent town-hall meeting in Grand Rapids, Mich., a doctor told John Kerry that many physicians oppose the Democratic presidential candidate because they think he wouldn't curb costly medical-malpractice lawsuits. The Massachusetts senator's response: Just as former President Nixon, known for his anti-Communist views, shocked the world by establishing ties with China, Mr. Kerry would surprise physicians by moving on medical-liability suits – despite the Democrats' longtime ties to trial lawyers." (Robert S. Greenberger, "Doctors Diagnose Kerry As High Risk," The Wall Street Journal, 8/5/04)

Kerry Voted Against Medical Liability Reform At Least Ten Times. (H.R. 956, CQ Vote #137: Motion Rejected 39-61: R 10-44; D 29-17; I 0-0, 5/2/95, Kerry Voted Yea; H.R. 956, CQ Vote #140: Motion Agreed To 65-35: R 24-30; D 41-5, 5/2/95, Kerry Voted Yea; H.R. 956, CQ Vote #141: Motion Agreed To 56-44: R 13-41; D 43-3, 5/2/95, Kerry Voted Yea; H.R. 956, CQ Vote #144: Passed 53-47: R 48-6; D 5-41, 5/2/95, Kerry Voted Nay; H.R. 956, CQ Vote #151: Motion Rejected 46-53: R 44-10; D 2-43; I 0-0, 5/4/95, Kerry Voted Nay; H.R. 956, CQ Vote #152: Motion Rejected 47-52: R 45-9; D 2-43; I 0-0, 5/4/95, Kerry Voted Nay; H.R. 956, CQ Vote #160: Motion Agreed To 54-44:: R 46-7; D 8-37, 5/10/95, Kerry Voted Nay; H.R. 956, CQ Vote #161: Passed 61-37: R 46-7; D 15-30, 5/10/95, Kerry Voted Nay; S. 1052, CQ Vote #212: Motion Agreed To 52-46: R 2-45; D 49-1; I 1-0, 6/29/01, Kerry Voted Yea; S. 812, CQ Vote #197: Motion Agreed To 57-42: R 6-42; D 50-0; I 1-0, 7/30/02, Kerry Voted Yea)

Edwards Voted Against Medical Liability Reform Four Times. (S. 1052, CQ Vote #212: Motion Agreed To 52-46: R 2-45; D 49-1; I 1-0, 6/29/01, Edwards Voted Yea; S. 812, CQ Vote #197: Motion Agreed To 57-42: R 6-42; D 50-0; I 1-0, 7/30/02, Edwards Voted Yea; S. 11, CQ Vote #264: Motion Rejected 49-48: R 49-2; D 0-45; I 0-1, 7/9/03, Edwards Voted Nay; S. 2207, CQ Vote #66: Motion Rejected 49-48: R 48-3; D 1-44; I 0-1, 4/7/04, Edwards Voted Nay)

Edwards Sponsored Motion To Kill Liability Exemption For Doctors Providing Pro-Bono Services. Kerry also voted against exempting pro bono doctors from malpractice liability. (S. 1052, CQ Vote #212: Motion Agreed To 52-46: R 2-45; D 49-1; I 1-0, 6/29/01, Edwards and Kerry Voted Yea)

Kerry And Edwards "Oppose Arbitrary Caps On Malpractice Suits." (Sen. John Kerry and Sen. John Edwards, Our Plan For America: Stronger At Home, Respected In The World, 2004, p. 110-111)

ü Capping Non-Economic Awards Could Save Between $60 Billion And $108 Billion In Health Care Costs Annually, Making Health Insurance More Affordable For Millions. "The litigation system also imposes large indirect costs on the health care system. Defensive medicine that is caused by unlimited and unpredictable liability awards not only increases patients' risk but it also adds costs. The leading study estimates that limiting unreasonable awards for non-economic damages could reduce health care costs by 5-9% without adversely affecting quality of care. This would save $60-108 billion in health care costs each year. These savings would lower the cost of health insurance and permit an additional 2.4-4.3 million Americans to obtain insurance." ("Confronting The New Health Care Crisis: Improving Health Care Quality And Lowering Costs By Fixing Our Medical Liability System," U.S. Department Of Health And Human Services, 7/25/02)

ü States With Non-Economic Damage Caps Have Experienced Slower Growth In Malpractice Insurance Premiums. "[S]tates with limits of $250,000 or $350,000 on non-economic damages have averaged combined highest premium increases of 12-15%, compared to 44% in states without caps on non-economic damages …" ("Confronting The New Health Care Crisis," Department Of Health And Human Services, 7/24/02, Citing Medical Liability Monitor, 2001)

American Neurological Surgery PAC Said Kerry's Plan "Will Do Nothing To Curb Lawsuit Abuse And Prevent Personal Injury Lawyers From Reaping The Financial Benefits." "Senator Kerry's reform plan will do nothing to curb lawsuit abuse and prevent personal injury lawyers from reaping the financial benefits from this broken system. Instead of supporting reasonable reforms that would balance the interests of the individual injured patient with the needs of all Americans to have access to the healthcare they need, when and where they need it, [Senator] Kerry proposes to solve this problem merely by using review panels to assess cases before claims can be filed and to eliminate punitive damages except in egregious cases." (American Neurological Surgery Political Action Committee, "Bush Prescription For Country's Healthcare System Right On Target; Neurosurgeons Endorse Presidential Candidate For First Time," Press Release, 5/11/04)

No Evidence Exists To Show That Pre-Claim Review Panels Would Stabilize Or Reduce Malpractice Insurance Premiums, According To Neurosurgeon And Vice President Of Florida Medical Association. "'The problem with Senator Kerry's proposal is that there is not a single study or a single piece of evidence that proves that pre-claim review panels, without other basic reforms, will do anything to stabilize or reduce professional liability premiums to ensure that patients have continued access to medical care,' said Troy M. Tippett, MD, past-chairman of ANSPAC, Vice President of the Florida Medical Association and a practicing neurosurgeon in Pensacola, Fla. 'In fact, study after study shows that the only proven way to reform the medical litigation system is by limiting the amount of money personal injury lawyers can milk out of the system by placing reasonable limits on noneconomic damages and attorneys' fees. Furthermore, the very definition of punitive damages is that they are only awarded in egregious cases and such damages are seldom even awarded in professional liability cases. This proposal is simply not worth the paper it is written on.'" (American Neurological Surgery Political Action Committee, "Bush Prescription For Country's Healthcare System Right On Target; Neurosurgeons Endorse Presidential Candidate For First Time," Press Release, 5/11/04)

Kerry's Choice Is Clear: Trial Lawyer Money
Machine Instead Of Patients And Doctors

According To One Of His Trial Lawyer Supporters, Edwards "Said Medical Malpractice Reform Will Pass Over His Dead Body." "'John Edwards is one of us,' said Inner Circle President Ned Good in introducing the candidate to the 75 top trial layers who made the event. 'First and foremost, he's a trial lawyer, who just happens to be a U.S. senator and one day will just happen to be president. He's already said medical malpractice reform will pass over his dead body. Well I've got news for you - he's not dead yet.'" (William Tucker, Op-Ed, "Edwards Confident Of Verdict," The New York Sun, 8/20/03)

Law Professor Lester Brickman: "The Trial Lawyers Will Be Mortgaging Their Learjets To Kick Money Into [Kerry-Edwards] Campaign." (Matthew C. Quinn, "A Kerry-Edwards Ticket: Lawyers Whipping Out Checkbooks," The Atlanta Journal-Constitution, 7/7/04)

Kerry And Edwards Have Received A Total Of Over $12.2 Million In Trial Lawyer-Related Donations Over Course Of Their Careers. (Federal Election Commission Website, www.fec.gov, Accessed 5/03; Dwight L. Morris & Associates Website, www.campaignfinanceanalysisproject.com, Accessed 8/5/04; Political Money Line Website, www.tray.com, Accessed 2/6/04)

ü "By Funneling Millions Of Dollars Into Kerry's Presidential Campaign Coffers, [Trial Lawyers] Smoothed The Way For Edwards' Selection On The Democratic Ticket." "Wealthy and well-connected plaintiffs' lawyers already control a majority of votes in the U.S. Senate and thus can fend off issues such as tort and medical malpractice reform that threaten to put major dents in their bank accounts. Now they may be about to seize the vice president's tie-breaking vote in the Senate as well. By funneling millions of dollars into Kerry's presidential campaign coffers, they smoothed the way for Edwards' selection on the Democratic ticket." (Eric Peters, Op-Ed, "Contributions Eased Way For Edwards' Place On Kerry Ticket," Contra Costa Times, 7/11/04) "Of The Top 10 Employers Of Donors To Edwards's Presidential Campaign, Nine Are Plaintiffs' Law Firms."(Thomas B. Edsall, "Edwards Brings Lawyer Support," The Washington Post, 7/8/04)

In Florida, we physicians are taking the issue to the voters through something called the Fair Act. It simply says that no more than 10% of malpractice awards can go to attorney fees, unlike the 40% of fees tha the trial lawyers rake off the top of an award. The are NUMEROUS stories of million dollar verdicts where the plaintiff gets less than $100,000 as the lawyers takes his cut, and then pays expert witnesses, usual customary fees etc.etc.etc. It is all about the,.

Nonetheless, the lawyers have placed their own initiatives on the ballot. They point blank told us these were in retaliation. The measures they propose: Three strikes your out (three settlements or awards and the MD loses his license) -- and they will attempt to make this retroactive which will instantly put over 50% of MD's in FLorida out of business. Remember this is due to the blackmail of a lawsuit -- Doctor, we will sue you and tie up your practice for many years, or you can settle. THe other ammendment is to force MD's to work for the lowest possible price. If either of these pass in Florida and the FAIR act does not, I fear that there will be no physicians in Florida -- and the goose that laid the golden egg will be dead.

It is OK, I can move, and still take care of my wife and child. If worse comes to worse, I can treat my family if they are sick, but the rest of the state will suffer, and many will die. I just hope the lawyers know how to practice medicine...

I have a proposition for all the doctors who are pushing to limit attorneys fees. Lets pass a law that limits how much a doctor can charge. If we are really interested in lowering health care costs, not increasing doctors salaries, this is the only way. Instead of a doctor charging $2,000 for a procedure that takes half an hour, we will pass a law that limits doctors to charging $200. Hey, that's still $400 an hour. Do you think the doctors could possibly survive. And I promise you that this would reduce the cost of health care. The reality is that health care costs what we are charged by doctors. Why does it cost $250,000 for transplant surgery? Doctors are happy to help save your life so long as you can foot their incredible fees. I know, I know, there is no way a doctor could survive on merely $150k - $200 a year, but if they could then we would all truly save money on healthcare.

Why doctors feel they deserve such special treatment is beyond me. You know the difference between God and a doctor? God doesn't think he is a doctor. I think it is time that doctors get over themselves and worry more about patient care than how much money they make. If they did that in the first place then fewer errors would be made, and hence fewer lawsuits would be filed to compensate those who have been injured.

We also need to look at the facts. The insurance companies even told the doctors that the driving force behind insurance rate increases is the fall in interest rates. Let's see, interest rates have fallen about 50% in the last 7-8 years and, shocker, insurance premiums have risen the same ammount. And look, under oath the insurance companies were forced to admit that they are making a fortune off doctors in Florida. Do the doctors get angry with the insurance companies who are ripping them off? No, it must be the "frivolous" lawsuits. Is it frivolous when a doctor fails to check a patients allergies and prescribes the wrong drug, resulting in the death of a healthy 38 year old father of three? What do they say to the family? I promise you it isn't sorry, b/c doctors never admit their mistakes.

I recently spoke to a defense attorney who defends doctors in malpractice cases. He said that in his 20 years of practice, including hundred, maybe thousands of cases, that he has seen "maybe a handful" of frivolous suits. He also said that even in the most obvious cases, that doctors refuse to admit their mistakes. A side note, all the doctors attacks on attorneys is causing several very respected attorneys to refuse taking the cases any longer.

Finally, why is three strikes and your out a bad thing. Three dead patients, three crippled patients is ok? Maybe if doctors did a better job of policing themselve, this law would not be needed.

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