"Tort reform" not helping doctors in Georgia
Medical malpractice awards are one of the favorite whipping boys of the corporate interests, and tightened caps on awards to patients for non-economic damages have been enacted in many states. One of the selling points -- and the way the "tort reform" lobby has gotten doctors on board -- has been by promising that capping malpractice awards will lower insurance rates for doctors.
But an in-depth story by Greg Bluestein of the Associated Press looks at Georgia's experience with capping medical malpractice, and finds doctors aren't better off -- in fact, their insurance rates are getting worse:
Despite promises that rising medical malpractice insurance rates would be suppressed under new state laws, many of Georgia's insurers have hiked their premiums since the sweeping reforms took effect last year, according to an Associated Press analysis of state insurance records.
Six of the state's top insurers of doctors and dentists have increased their liability rates -- in some cases, by more than a third -- since new restrictions on malpractice cases became law in February 2005, according to state Department of Insurance records obtained by the AP through an open records request.
The reforms passed by the Georgia Legislature last year included a $350,000 limit on jury awards for malpractice victims' pain and suffering, tougher standards for expert witnesses in malpractice trials, and new incentives for patients to settle out of court.
Doctors and hospitals contended the measures, dubbed "civil justice reform," would curb malpractice insurance rates and help lure more doctors to Georgia. Business lobbies, too, threw their weight behind the legislation because it encourages speedy out-of-court settlements and penalizes parties who make frivolous claims.
But trial lawyers and patient advocacy groups argued that limiting damage awards puts an arbitrary price on a victim's life, and that the state's medical insurers have fostered a false crisis by driving up premiums in a market with little competition.
"Our worst fears have come true," said Allie Wall, the director of consumer group Georgia Watch, which vigorously opposed the new laws. "More than a year has gone by, yet Georgia doctors have not saved a penny on their insurance, as promised, and the insurance companies still raking in record profits."


7 Comments:
duh
"tort rform" only helps insurance companies and banks avoid copmensating injured victims.
But fuck people anyway.
That's the New World Orer, where only corporations have rights. You? You can be a debt slave with no benefits and no place to live.
Bootsrtaps~!
i think it was right to enforce tort reform.After all it has strengthened the state’s economy in a variety of ways and are improving the quality of life for every Texan.Read more on tort reforms at this site i came across while searchn for information on tort reforms www.dickweekley.com
I am a victem of malpractice in Georgia and 5 years into my case of a doctor who let my arm heal into a deformed flipper and it required 3 years of reconstructive surgery. I will live the rest of my life with chronic pain because he decided he could see how my arm was healing and did not use acceptable medical test, aka the xray machine. I complained to the state licensing board for the state of Georgia. It was a joke. The only recourse I have had to put this on the doctors record has been malpractice and the doctor keeps mangaling patients as I wait for a court date.
Tort REform in Ga is a necessity to care being given and doctors continuing to practice. What they need a Medical Courts and NO lawyers to take the patients money--just a welltrained judge.
Doctors are not gods, or miracle workers , but when you or your kid is sick them come damn close. A whole lot closer than a billion dollar corporate lawyer or football player. Pay Docs NOW
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I took zyprexa which was ineffective for my condition and gave me diabetes.
Zyprexa, which is used for the treatment of psychiatric disorders, such as schizophrenia and bipolar disorder, accounted for 32% of Eli Lilly's $14.6 billion revenue last year.
Zyprexa is the product name for Olanzapine,it is Lilly's top selling drug.It was approved by the FDA in 1996 ,an 'atypical' antipsychotic a newer class of drugs without the motor side effects of the older Thorazine.Zyprexa has been linked to causing diabetes and pancreatitis.
Did you know that Lilly made nearly $3 billion last year on diabetic meds, Actos,Humulin and Byetta?
Yes! They sell a drug that can cause diabetes and then turn a profit on the drugs that treat the condition that they may have caused in the first place!
I was prescribed Zyprexa from 1996 until 2000.
In early 2000 i was shocked to have an A1C test result of 13.9 (normal is 4-6) I have no history of diabetes in my family.
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Daniel Haszard http://www.zyprexa-victims.com
tort reform for medical malpractice?there is absolutely no need for such.what is needed is to stop the practice of credentialing people without the proper level of intellectual and academic capacity as medical professionals as social engineering projects ie Goals 2000 project.if a medical student needs the second two years of medical school (clinical studies)in order to raise a grade point average to "C" due to poor performance in the first two (academic studies)this person should NOT receive a medical degree. A "C" average may be sufficient for some professions, but not for any medical profession and absolutely not to receice an M.D.this simple correction in practices with show a huge drop in medical malpractice cases over time as the credentialed professionals are phased out by attrition
you also might consider that other forms of suits such as product liability and such would decrease if corporations were more interested in what their products will do once disseminated,rather than if they will make more off of the sales than they project they will pay in awards, so if you remove these awards or limit them it will be easier for these companies to figure this into their products and have even less consideration of the harm they do as even if the number of suits goes up they will still be able to maintain profitability, so look at who wants this reform and their hidden agendas
never answer an unanswered question with an unquestioned answer
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