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Re: LEGAL: And so it begins! From: art fougner, md (evsono@pipeline.com) Fri Sep 29 08:26:56 2006 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: DoctorJoe@aol.com: "Re: LEGAL: And so it begins!" Previous message: Efrain Ramirez: "Re: Statistics" In reply to: Joe: "Re: LEGAL: And so it begins!" Next in thread: DoctorJoe@aol.com: "Re: LEGAL: And so it begins!" So Louisiana's Cap is not unconstitutional on principle but because it is not COLA - Adjusted ... Using similar logic, the CMS Medicare reimbursement formula is unconstitutional as well. Art At Thu, 28 Sep 2006, Joe wrote: > >Ah, the ole fox is still in the chicken house , just getting fatter. Joe C > >DoctorJoe@aol.com wrote: >> La. 3rd Circuit: Med Mal Cap is Unconstitutional >> >> On Sept. 27, 2006, the Louisiana 3rd Circuit Court of Appeal ruled that >> the state's $500,000 cap on medical malpractice damages is >> unconstitutional because it fails "to provide plaintiffs an 'adequate >> remedy' as guaranteed under the provisions of La.Const. art. 1, Sect. >> 22." Read the 3rd Circuit's majority opinion in >> <http://www.la3circuit.org/opinions/2006/09/092706/04-1235opi.pdf> >> Arrington, etc., v. ER Physicians Group, APMC, et al. >> <http://www.la3circuit.org/opinions/2006/09/092706/04-1235opi.pdf> >> Read dissents here. >> <http://www.la3circuit.org/opinions/2006/09/092706/04-1235srcdis.pdf> >> Read concurring opinion here. >> <http://www.la3circuit.org/opinions/2006/09/092706/04-1235bhecon.pdf> >> Louisiana 3rd Circuit Court of Appeal, 09/28/2006 >> >> La. Med Mal Cap Unconstitutional >> <http://www.2theadvocate.com/news/business/> >> >> The Louisiana 3rd Circuit Court of Appeal ruled 3-2 that the state's >> $500,000 cap on medical malpractice damages does not provide adequate >> remedy to patients injured as a result of medical malpractice. Plaintiff >> attorney Oliver J. Schrumpf of Sulphur said "stopping malpractice should >> be a greater goal than limiting the amount of money to a victim of >> malpractice." >> Ted Griggs, The Advocate 09/28/2006 >> >> Read Article: The Advocate <http://www.2theadvocate.com/news/business/> >> >> Joe P. >> -- art fougner, md "May The Wings of Liberty Never Lose a Feather." - Jack Burton Next message: DoctorJoe@aol.com: "Re: LEGAL: And so it begins!" Previous message: Efrain Ramirez: "Re: Statistics" In reply to: Joe: "Re: LEGAL: And so it begins!" Next in thread: DoctorJoe@aol.com: "Re: LEGAL: And so it begins!"

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