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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

Posted on 08/21/2006 3:00:37 PM PDT by sinkspur

Pollard Rogers figures that for years, the Cantey & Hanger law firm in Fort Worth has had one of the largest medical malpractice defense practices in North Texas.

And it probably still does. But it's nowhere near as big as it was before the state changed the tort system three years ago, said Rogers, the firm's managing partner.

The Medical Malpractice and Tort Reform Act of 2003 put caps on noneconomic (pain and suffering) damages that could be awarded and raised the standard of proof necessary to win a malpractice case against an emergency healthcare provider. There is no cap on economic damages for lost income and medical expenses.

"Clearly the legislation has had the result intended. The number of filings in medical malpractice is down significantly," said Rogers, who's also seen the effect from his position as a board member of Baylor All Saints Medical Center at Fort Worth. "I would say the number of lawyers [at Cantey & Hanger] doing medical malpractice defense has been reduced by two-thirds."

And it's not happening just at Cantey & Hanger, one of Tarrant County's largest law firms.

The number of medical malpractice suits filed in Tarrant County and other Texas metropolitan areas has plunged since Sept. 1, 2003, when the law went into effect. The measure also bolstered defenses in civil suits involving a personal injury, such cases of product liability or the release of hazardous materials, and those cases also are down, although not as sharply.

And that's leading to big changes in many legal firms.

Dallas law firm Gwinn & Roby in March closed its Fort Worth office, which had operated for about 12 years. Managing partner Rob Roby said there wasn't enough malpractice defense work.

(Excerpt) Read more at dfw.com ...


TOPICS: Culture/Society
KEYWORDS: malpractice; malpracticesuits; tortreform; triallawyers
A dramatic reduction in the number of malpractice lawsuits in Texas thanks to the efforts of Rick Perry in 2003.

Along with the six extra GOP seats due to redistricting, and the property tax cut, Perry delivers on his promises.

How much is this tort reform bill worth to the average Texan, especially to those who need the ready availability of obstetricians?

1 posted on 08/21/2006 3:00:39 PM PDT by sinkspur
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To: sinkspur

Anybody who says that there is no difference between the Dems and the Pubbies doesn't know what he is talking about.


2 posted on 08/21/2006 3:02:54 PM PDT by DeweyCA
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To: sinkspur

The democrats worst nightmare, since the tort lawyers are one of their biggest donor groups.


3 posted on 08/21/2006 3:03:48 PM PDT by Dane ("Mr. Gorbachev, tear down this wall" Ronald Reagan, 1987)
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To: sinkspur
How utterly depressing!

I shall be really bummed out for about ummmmmmmmm.... six seconds?

4 posted on 08/21/2006 3:05:08 PM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: sinkspur

Those stats at the end look good:
The number of medical malpractice lawsuits filed in Dallas and Tarrant (Ft Worth) counties jumped before Texas tort reform was enacted in 2003. But the number of cases filed here and across the state have declined to only a fraction since.

2001 Tarrant: 158 Dallas: 487

2002 Tarrant: 166 Dallas: 536

2003 Tarrant: 337 Dallas: 1,108

2004: Tarrant: 55 Dallas: 142

2005: Tarrant: 60 Dallas: NA

2006 Tarrant: 38 Dallas NA


5 posted on 08/21/2006 3:07:55 PM PDT by SF Republican
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To: FFforFreedom

Ping


6 posted on 08/21/2006 3:08:26 PM PDT by basil (Exercise your Second Amendment Rights--buy another gun today!)
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To: sinkspur
How much is this tort reform bill worth to the average Texan, especially to those who need the ready availability of obstetricians?

Perry is full of false promises. Tort reform yeah we are all for it. What we got was doctors pocketing the money instead of passing saving along. Property Tax Reform - yeah we are all for it. What we got was teacher pay raises and no tax reduction to speak of. Perry will win re election only because he is the lesser of 2 evils.

7 posted on 08/21/2006 3:16:12 PM PDT by Orange1998
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To: sinkspur
Perry is full of false promises.

Tort reform yeah we are all for it. What we got was doctors pocketing the money instead of passing saving along.

Property Tax Reform - yeah we are all for it. What we got was teacher pay raises and no tax reduction to speak of.

Perry will win re election only because he is the lesser of 2 evils.

8 posted on 08/21/2006 3:17:03 PM PDT by Orange1998
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To: sinkspur
Hmmm... this looks like a good thread to post these oldies but goodies of actual exchanges during court malpractice suits...:

Q: Doctor, how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.

Q: Do you recall the time that you examined the body?
A: The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.

Q: Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No.
Q: So, then it is possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive nevertheless?
A: Yes, it is possible that he could have been alive and practicing law somewhere.

9 posted on 08/21/2006 3:22:00 PM PDT by AmericaUnited
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To: Orange1998
Tort reform yeah we are all for it. What we got was doctors pocketing the money instead of passing saving along.

LOL! The purpose of tort reform was to keep doctors from fleeing Texas, as many obstetricians were threatening to do.

At no time did anybody say you were going to get rebates from your physician.

Property Tax Reform - yeah we are all for it. What we got was teacher pay raises and no tax reduction to speak of.

What you got was a reduction in the tax rate from $1.50 per thousand dollars valuation to $1.00 per thousand. You did get teacher pay raises (something favored by the vast majority of Texas voters), and a fairer distribution of the business tax.

Perry will win because he deserves to win and because his opponents are clueless dolts.

10 posted on 08/21/2006 3:29:18 PM PDT by sinkspur (Today, we settled all family business.)
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To: Temple Owl

ping


11 posted on 08/21/2006 3:29:56 PM PDT by Tribune7
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To: Hydroshock

If your hemorrhoids start acting up, at least there'll be a doctor there to laser 'em out for you.


12 posted on 08/21/2006 3:43:13 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur
We have a law firm that advertises on talk radio all the time here in Sacramento. In a take off of "You Make the Call" they tell a ridiculous lawsuit story and ask truth or fiction? For example: A woman gets mad at her boyfriend and throws her drink on him. As she storms off she slips on the remains of the drink on the floor and sues the restaurant. Truth or fiction? At the end of the ad the narriator says "fiction...this is an urban myth". The whole idea, of course, is to give the impression there really is no such thing as a ridiculous lawsuit. I wonder if this is something other law firms are doing throughout the USA now. I've always hated lawyers. The Democrats support of trial lawyers is what turned me towards becoming a Republican. Now I hate those in the media even more (they do more damage to the country) but trial layers are a close second.
13 posted on 08/21/2006 3:57:54 PM PDT by willk
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To: sinkspur
LOL! The purpose of tort reform was to keep doctors from fleeing Texas, as many obstetricians were threatening to do.

Tort reform did not reduce malpractice in Texas only reduced the lawsuits. It's a one sided tort reform with flaws that did not improve health care in Texas. Do you realize that Texas is a magnet for "bad" doctors from other states.

What you got was a reduction in the tax rate

The rate but how about when I write the check, we shall see when the statement come in.

14 posted on 08/21/2006 5:46:33 PM PDT by Orange1998
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To: Orange1998
Do you realize that Texas is a magnet for "bad" doctors from other states.

Name two and detail what they did and where they came from.

15 posted on 08/21/2006 5:49:11 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur
Name two and detail what they did and where they came from.

That is my point we will never know the details because the insurance company will settle for 250,000 before trial. A doctor with numerous malpractice cases will fold up shop and move to Texas. Seems to reason like you quoted Doctors will move out because of rates.

16 posted on 08/21/2006 6:14:57 PM PDT by Orange1998
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To: Orange1998

I figured you just made that up.


17 posted on 08/21/2006 6:17:32 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur
Please name the doctors who actually moved out of state SOLELY because of insurance rates. You Can't because it arbitrary.
18 posted on 08/21/2006 6:23:58 PM PDT by Orange1998
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To: Orange1998
You must be the only person in the entire universe who doesn't know the correlation between malpractice insurance rates and doctors threatening to leave high insurance rate states and going to low insurance rate states.

Texas is now a low insurance rate state.

19 posted on 08/21/2006 6:27:59 PM PDT by sinkspur (Today, we settled all family business.)
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To: sinkspur

Name them! I want facts not some hot air from Dallas we have enough of it in Houston. :)


20 posted on 08/21/2006 6:31:55 PM PDT by Orange1998
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