Cyrus Dugger
Tort reform won’t ease health care costs
Here’s a great piece on malpractice and tort “reform.”
Tort reform won’t ease health care costs MICHIANA POINT OF VIEWROBERT F. GONDERMAN JR.
On Sept. 4 The Tribune ran an article titled “Chocola’s Viewpoint” which dealt with the complex issue of rising medical costs. In that article, U.S. Rep. Chris Chocola, R-Bristol, argued that medical malpractice lawsuits were the primary reason medical costs were rising so rapidly. He stated:
“I have a bill that would change our current tort system into a loser pays model,” he said. “We have to end the mentality of the lottery of lawsuits, because I don’t know that anything drives up our health care costs more.”
Chocola’s statement is simply inaccurate. Medical malpractice claims do not significantly affect the high costs of medical care in the United States. In 2002 the House Committee on the Judiciary ordered the Congressional Budget Office to evaluate the impact of a proposed bill known as House Resolution 4600. H.R. 4600 sought to limit medical malpractice litigation in state and federal courts by capping awards and attorney fees. The Congressional Budget Office is impartial and non-political. After a detailed investigation, the Congressional Budget Office issued a report on Sept. 24, 2002, which found that limiting medical malpractice claims would have virtually no effect on health care insurance costs. The CBO found that:
“Malpractice costs account for a very small fraction of total health care spending; even a very large reduction in malpractice costs would have a relatively small effect on total health plan premiums.”
Posted at 9:20 PM, Sep 28, 2006 in Permalink | Comments (2) | TrackBack (0)







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If you or your organization is interested in learning more about or working on these types of civil justice issues, please contact me at cdugger@drummajorinstitute.org.
Posted by: Cyrus Dugger | September 29, 2006 03:43 PM
It has now begun in little Titus, Alabama, a lady's new house flooded from a side wall, she has water intrusion, ruined carpet, and mold everywhere. She is very allergic and her husband has diabetes's. They were forced from their home and have been to 3 lawyers who have told them: that with the arbitration clause they have no recourse.
Alabama Vs Greentree Financial ... was one of the first cases of arbitration bought before the Supreme court and the old people lost, they lost because of an aribtration clause incerted when they purchased their their trailer. In arbitration clauses they carefully neglect to inform you....You CAN NOT AFFORD the process.
We are waiting for a verdict in Houston Texas, like criminals from AAA arbitration. The builder was surpose to release all mold reports on our subdivision to the arbitrator by the 26th as of yet no documents have appeared and we wait to see what the arbitrator will do ... or if we go back, for the 6 th time. We cannot go back an forth to the courts but our builder does at will.
We had to pay $4300 to file a counter claim (ordered to by the judge, I did not want, or chose to go.) and that was just the beginning you even have to pay to rent the room your arbitration is held in. Bring your own rope to your hanging and you get to pay for the gallows? I know I sound crazy, this is crazy...Arbitration is behind closed doors. No media is allowed. I had a reporter there and he was told these were private proceedings and he was ask to leave.. I did not want the prcoeedings to be private. I wanted the public to see it all..... but they never will ...until they come and get you and the doors are closed behind you. You will realize quickly rules of law do not apply here. Every arbitrator has different qualifications and some are even from the construction industry, some do not even know the law, but their rulings are NON APPEALABLE. There is no appeal.....
We have so far paid $30,000 (that is not including lawyers fees). I knew better than to file and that it would be costly. I also learned quickly what my odds of winning were...winning against one of the largest builders in Texas. I was filed on and what was my crime? I am a "dispute." Look in your clauses and look at that word ... if you complain YOU TOO are a dispute and can be file on. People wake up...Don't think it can't happen to you, if you will just look at any of your credit cards, new car or home contracts, cell phones... Just take 5 minutes and look please, it is there, deadlier than a rattler. Texas has a slogan, Don't mess with Texas. I have a new one for this state not one that is made up but one they have earned..TEXAS IS A MESS!
You, me and everyone else are only one small problem away from living a disaster .....a disaster from which most of us will never recover.
There would be such an outcry if people only would read what they have signed.... And realize the constitutional 7th amendment rights they take for granted..... no longer apply to them. The public has stealthily been robbed of any trial by jury.
Sometimes I feal like riding around the county with a bull horn, but people still do not believe ... until it happens to them. I have even had lawyers tell me you can most certainly sue anybody...because they have not even looked at the laws that apply.
A Realtor in Alabama called yesterday and she is stunned. She said, where do we go? I cannot believe this can happen. And I tell her welcome to the sick world of arbitration and tort reform. It was pulled over our eyes and is ruining the middle class, one family at a time.
TORT Reform...None of our bills have gone down ... They used scare tactics to sneak this covert bill though congress and we may never again ... have the rights granted to us by our fore fathers? They used the case of the old woman burned at Mc Donald's winning a judgment and ...that soon we would have no doctors because they couldn't afford medical insurance. I haven't talked to anyone except banks, lenders, homebuilders and big businesses that have been helped..... but I have talked to so many average citizens who have been totally ruined! The banks and big businesses are thrilled, they right off the losses and win in arbitration and we are not winning this war on the home front... Talk about not having enough troops. Most Americans do not even understand they are under attack, they do not even know big business has declare war on the American people ... and we are simply collateral damage.
They are trying to forced us to shut up and suing those who put up webpages. People still argue with me and say oh you are crazy, well I do not get once ounce of pleasure telling them I told you so. The shock, disbelief and sadness in their eyes gives me no satisfaction in being right. I do not know how to make people understand. Yet I continue to try with unbelvable odds against us all.
Please become educated before it is too late. My son tired to buy a new car in Georgia last week and he asked them to remove the arbitration clause and they said no clause no car. So in order to to have transportation to go to work, my son had to give up his seventh amendment rights.
Where is the outcry? There was one over eminent domain and it hasn't effected near the people this abomination has....
Jordan Fogal
Posted by: Jordan Fogal | October 2, 2006 11:27 AM