Re: Damage Cap Hits Some Hard
From: Charlie Chambers (cchamber@gorge.net)
Wed Jul 14 11:00:48 2004
I love the contradictions impicit in the argument that attorneys are
not taking on worthwhile cases because they are making less. On the
other hand, the ATLA has always argued that they are trying to protect
the "little guy". That malpractice litigation is meant to help the
downtrodden and abused. BUT, only if they can make multimillions! Which
one is it? I think we all know already.
On Jul 14, 2004, at 8:35 AM, Gerald P. Rodríguez wrote:
> I believe that the on-line Wall St. Journal is by subscription only.
> My
> print version of the WSJ yesterday (July 13) carried what is most
> certainly
> this same story on its "Personal Health" page, D-4. Headline reads
> "Malpractice Cap Helps Out Doctors.'' The article cites a Rand Corp.
> Institute of Civil Justice study that studied the long term effects of
> the
> 1975 "California Medical Injury Compensation Reform Act" that imposed
> limits
> on attorney fees and capped jury awards for "non-economic" damages,
> such as
> pain and suffering.
>
> Simply put, there was an overall cut in jury awards of 30% on the
> payouts
> from doctors and their insurers who *lose* at trial. These cuts are
> allocated as coming from patients and lawyers: 15% from injured
> patients and
> 60% from [now] injured lawyers. The cases reviewed by Rand would have
> yielded $140M (total of 257 plaintiff verdicts, from 1995 to 1999) but
> for
> this law that reduced these fees to $56M, or 60%. The overall awards
> would
> have been $421M, but this was cut by the trial judges by 30% to $295M.
> The
> article goes on to postulate that lawyers (in California) will be a
> bit more
> hesitant to file a lawsuit in cases that do not result in large
> economic
> damages.
>
> Another interesting factoid: 22% of the malpractice trials during the
> study
> period resulted in a victory for one or more plaintiffs.
>
> Bottom line according to the WSJ: Lawyers lost a lot more than
> patients.
>
> We have a similar law in New Mexico.
>
> BTW the US Senate a few days ago killed the federal version of this
> law,
> passed earlier by the House.
>
> Gerald P. Rodríguez, M.D., FACOG
> Santa Fe
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> "There is nothing so pitilessly and unconsciously cruel as
> sincerity formulated into dogma." In defense of Abe Lincoln.
> --James Russell Lowell 1863
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
>> ----- Original Message -----
> From: <dean@thehuffpeople.net>
> To: "Multiple recipients of list OB-GYN-L" <ob-gyn-l@dns.obgyn.net>
> Sent: Wednesday, July 14, 2004 8:13 AM
> Subject: Re: Damage Cap Hits Some Hard
>
>> .
>>
>> Interesting. Do you have a reference or a copy of the article that we
>> can
> read?
>>
>> - - - -
>>
>> Quoting "Gerald P. Rodríguez" <geraldpr@cybermesa.com>:
>>
>>> This is a very interesting take on this news story. The Wall St.
> Journal
>>> today carries that news and says that the brunt of the savings has
>>> been
> at
>>> the expense of the tort/trial lawyers. I would prefer to believe
>>> that
>>> *this* is the real version of the truth.
>>>
>>> Gerald P. Rodríguez, M.D., FACOG
>>> Santa Fe
>>>
>>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>>> "There is nothing so pitilessly and unconsciously cruel as
>>> sincerity formulated into dogma." In defense of Abe Lincoln.
>>> --James Russell Lowell 1863
>>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>>>
>>>> ----- Original Message -----
>>> From: <rmodugno@aol.com>
>>> To: "Multiple recipients of list OB-GYN-L" <ob-gyn-l@dns.obgyn.net>
>>> Sent: Tuesday, July 13, 2004 8:54 PM
>>> Subject: Damage Cap Hits Some Hard
>>>
>>>> This story was sent to you by: Robert Modugno
>>>>
>>>> --------------------
>>>> Damage Cap Hits Some Hard
>>>> --------------------
>>>> --------------------
>>>> --------------------
>>>>
>>>> Savings from a state medical malpractice law limiting awards often
> come at
>>> expense of the most injured, study says.
>>>>
>>>> By Lisa Girion
>>>> Times Staff Writer
>>>>
>>>> July 13 2004
>>>>
>>>> California's landmark medical malpractice law has reduced jury
>>>> awards
> by
>>> 30%, but the savings have come largely at the expense of severely
> injured or
>>> impaired patients, according to a study released Monday.
>>>>
>>>> The complete article can be viewed at:
>>>>
>>>
>>
> http://www.latimes.com/business/printedition/la-fi-
> malpractice13jul13,1,2783923.story?coll=la-headlines-pe-business
>>>>
>>>> Visit Latimes.com at http://www.latimes.com
>>>>
>>>
>>
>
************************************************************************
****
Charlie Chambers
--
Hood River, OR
cchamber@alumni.rice.edu
"Almost anything you do will seem insignificant but it is very important
that you do it....You must be the change you wish to see in the world"
-- Mahatma Ghandi.
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*******
