Re: Lawsuit Abuse
From: art fougner, md (evsono@pipeline.com)
Sun Dec 21 04:12:39 2003
In Fri Wall Street Journal -
Oklahoma!
Someone's saying "Ay yippy yi ki yea," and we only wish it were a Rogers
& Hammerstein chorus. The singers are instead members of the trial bar,
and their newfound enthusiasm for the Sooner State is a rollicking tale
of greed, lust and tort reform. OK, maybe not lust.
The lawyer in a leading role here is Stratton Taylor, currently in his
25th year as a Democratic member of the Oklahoma legislature. He also
happens to moonlight as a partner at a personal injury law firm in
Claremore, Oklahoma.
Mr. Taylor recently sent out a prospecting letter to his colleagues at
the Association of Trial Lawyers of America, a copy of which arrived in
our inbox. "With recent events that have occurred in Texas, you may be
looking to file cases in Oklahoma," he wrote to his brethren, adding
that "I wanted to take an opportunity to introduce our law firm."
The "events" in Texas he's referring to is this year's passage of one of
the nation's most far-reaching tort reforms. Lone Star Governor Rick
Perry signed a bill that, among other things, outlawed forum shopping,
capped noneconomic damages in medical malpractice cases and limited
class-action lawsuits. If there was any lingering doubt that this
reform is making a difference in curbing frivolous lawsuits, Mr.
Taylor's solicitation letter ends it.
Mr. Taylor, the "President Pro Tempore Emeritus of the Oklahoma State
Senate," brags in his letter that he nailed the "largest verdict in
history in Rogers County, which was a $10 Million personal injury
verdict in a trucking accident." With this credential in hand, he goes
on to say he'd be only too pleased to assist "in any cases you may want
to file" in his home state.
The letter is in essence an invitation for the entire national tort bar
to "forum shop" in Oklahoma, a state that just can't say no to jackpot
justice. Former Republican Governor Frank Keating spent two terms
lobbying the Democratic legislature to limit lawsuit abuses and made
some progress on punitive damages, but it remains a plaintiff friendly
venue. Oklahoma's new Democratic Governor, Brad Henry, has so far shown
little inclination to follow in the bootsteps of his southern neighbor.
All of which means average Oklahomans are likely to continue to see
higher insurance costs, fewer doctors, and all of the other troubles
that come with an out-of-control tort system. In short, you're doing
fine, Texas. Oklahoma? Not OK.
Updated December 19, 2003
http://online.wsj.com/article/0,,SB107179669177860600,00.html?mod=opinion
art
At Sat, 20 Dec 2003, RModugno@aol.com wrote:
>
>All that said, I am somewhat like Efrain and Joanne, and selective email
>patients with a disclaimer on my automatic signature. I print those
>that need to be kept, and many times use email to open up an avenue for
>a visit and/or phone call.
>
>My perception is those patients who use it really appreciate it. I have
>not been inundated with mundane things, like prescription refills, etc.
>Personally, I really enjoy it, as most of the people who email are long
>standing patients or those with issues such that direct communication is
>helpful. The fact that we can do this at the times best for us, as
>opposed to playing telephone tag, is beneficial.
>
>I believe that the HIPAA implementation requirement for secure email was
>delayed for a good while, so until I HAVE to pay for it, I'm not going
>to.
>
>Garry
>
>At Fri, 19 Dec 2003, Larry Glazerman wrote:
>>
>>We use RelayHealth, which offers secure online communication. The only email
>>a patient gets says "you have a message waiting," and she has to log on to
>>get the message securely.
>>
>>We believe that it's totally HIPAA compliant, although someone could
>>certainly decide it isn't.
>>
>>--
>>Larry R. Glazerman, MD, FACOG
>>Ob-Gyn at Trexlertown, PC
>>6900 Hamilton Blvd.
>>Trexlertown, PA 18087-0060
>>610-402-0161
>>larry.glazerman@lvh.com
>>
>>-----Original Message-----
>>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Joanne
>>Bulley, MD
>>Sent: Friday, December 19, 2003 8:58 AM
>>To: Multiple recipients of list OB-GYN-L
>>Subject: Re: pt communications via e-mail
>>
>>Since HIPPA we changed our front sheet where the patient gives all her
>>info - phone numbers - permission to bill - emergency contact etc. It
>>now includes a check off for how she wants to be contacted - phone
>>directly to her - anyone who answers - answering machine - voice mail at
>>work or "other" and she can fill in who what where etc. It'd be really
>>easy to add e-mail to that. But I don't want to be e-mailing patients
>>and have stuff floating around cybersapce. So I won't put it there. The
>>new form also contains the HIPPA info and explains that she is
>>ultimately responsible for her bill and it'll go to collections with a
>>service fee if she doesn't make arrangements with us.
>>
>>For notification of results - I or my receptionist call the patients. Me
>>primarily the bad news - but also some positive news that may be
>>sensitive info (like negative GC/Chlamidia or HIV tests).
>>
>>It is quicker than filling out a form - putting it in an envelope ans
>>stamping it. Ends up being cheaper too. Ans you know you made contact.
>>We mail to those we don't get on a couple of tries.
>>
>>Joanne
>>
>>At Fri, 19 Dec 2003, Dr. John Provatopoulos B.Sc. M.D.C.M. F.R.S.C.
>>wrote:
>>>
>>>Dan do you or others send PAP smear results to patients by regular mail,
>>>because the only difference between regular mail and e-mail is time and
>>>cost. I have my secretary call them because its easy to document that
>>>the patient was made aware of the result, and I only call patients with
>>>abnormal results.
>>>
>>>Unfortantely SPAM is in the process of destroying the effectiveness of
>>>e-mail. I have so many filters on my e-mail setup that I am sure I am
>>>occasionally filtering out legit mail, and the spam still makes it
>>>through. The only solution I see to this is Get the spamers to pay a
>>>few pennies for every spam they send out. Sure the internet is free but
>>>nobody said you had the right to send 100,000 unsolicated e-mails for
>>>viagra in 5 minutes for free. Because trying to make it ilegal wont
>>>help, get them where it hurts, because there is only one reason they are
>>>doing it ,to make money.
>>>
>>>--
>>> Take care, John
>>>
>>--
>>Joanne Bulley, MD
>>Keene, NH, USA
>>
>>-----
>>Work to create peace everywhere you go and with everything you do.
>>-----
>>Let us accept truth, even when it surprises us and alters our views.
>>-George Sand
>>
>--
>Garry E. Siegel, M.D.
>Private Practice
>Roswell, GA
>
--
art fougner, md
ich bin ein New Yorker
