New Study says Texas Medical Malpractice Cap Did Not Bring More Doctors to the State
Texas imposed one of the most severe caps on what a victim of medical malpractice can claim in the country in 2003, following claims lawsuits were leading doctors to quit the profession in the state.
A new study questions some of the claims made by this controversial reform that, as experienced Houston personal injury attorneys, we argue has curtailed the right of victims to receive what they are due for their injuries
“Before Texas adopted tort reform in 2003,proponents claimed that physicians were
deserting Texas in droves,” the paper by academics David A. Hyman from University of Illinois College of Law, Charles Silver of the University of Austin School of Law and Bernard S. Black from Northwestern University’s School of Law, states.
Then after this sweeping tort reform was enacted, its supporters claimed there was a dramatic increase in physicians moving to Texas due to the improved liability
climate.
“We find no evidence to support either claim,” the study concludes.
Under the Texas reforms a cap on non-economic damages against physicians and other licensed health care providers to is limited to $250,000 and total non-economic damages are capped at $500,000.
The cap can be as high as $750,000 if there is more than one individual held liable for medical malpractice.
Texas Governor Rick Perry justified the reform in a speech when he said.
“The threat of litigation has a domino effect . . . causing malpractice carriers to raise rates, which in turn force many doctors to leave Texas, or in some cases to leave the practice of medicine altogether. And ultimately this hurts patient access the most.”
The authors take issue with the claims of tort reform proponents that the cap led to a major influx of doctors into Texas, citing possible other factors.
“For example, after Hurricane Katrina struck Louisiana in 2005, many citizens of Louisiana relocated to Texas,” it states.
The authors say the supporters of tort reform concentrated on licenses applied for and issued. They did not look at physicians leaving Texas or retiring. Figures by the Texas Board of Medical Examiners “do not reflect net changes in Texas’ population of physicians,” the report states.
The authors find no evidence the lack of a cap before 2003 stopped doctors moving to Texas.
“Physician supply was not stunted prior to reform, and did not measurably improve after reform.”
Limiting med-mal lawsuits might be a good idea, or a bad one. But the core message from this study, and our related study of the impact of tort reform on health care spending – both consistent with other research – is that tort reform is a small idea, when it comes to the larger and linked questions of health care access and affordability,” the April 2012 study concludes.
This report is clearly damning to people who have argued providing immunities to doctors would bring more of them to Texas.
And it raises the question why Texas would want doctors who are anxious to have lesser liability from medical malpractice.
A number of organizations including theCommittee for Justice for All, argue the caps are depriving patients of the standard of healthcare that they need.
For a free case evaluation by an experienced Houston Medical Malpractice Attorney who could assist you with a potential personal injury case, please call our law firm at (713) 888-8888 or (281) 888-8888.
Ramji & Associates
2920 Virginia Street, Houston, TX
(713) 888-8888 · ramjilaw.com
Avandia Lawyer: Never Underscore The Value Of A Good One
If you or someone you love ever find yourselves on the wrong side of a medical-related drug suit, you will do well to be sure that a good Avandia lawyer is on your side. This is because of the inherent complications of such cases, and also the powerful legal teams that pharmaceutical companies and medical practices have.
We never expect to have a negative experience with a drug that has been prescribed by a professional, but it does happen. And when it does, an experienced Avandia Lawyer can help you get through the trauma.
While it’s usually not a case of life or death, it can be. Sometimes a professional can make a simple oversight like not informing you fully of the side-effects or contraindications of a drug, in which case you could have been placed at great risk. An Avandia Lawyer helps you in these cases where the burden of proof is largely yours.
2920 Virginia Street, Houston, TX
Why An Experienced Houston Personal Injury Attorney Can Be Your Best Friend
An experienced Houston Personal Injury Attorney will have done all the necessary work for you even before you enter their offices. They have invested themselves in their understanding of the law as it pertains to personal injury cases so that they are ready at the drop of a hat with professional advice that will help you get your dues.
Accidents happen so unexpectedly, and when they do they can turn your whole life upside down. So when you need to make a personal injury claim it is important that you get the right people on your side, and quickly. Qualified and experienced attorneys are the best solution. Be sure to keep the number of a good and reputable Houston Personal Injury Attorney on hand in case you ever need such services. After all, you never know what curve balls life might want to through at you.
2920 Virginia Street, Houston, TX
Was Suicide of Former NFL Player Linked to a Traumatic Brain Injury?
The suicide of another former NFL player has again raised worrying questions about whether repeated blows to the head suffered on the field, are causing serious psychological problems in players.
Researchers who study sports-related injuries are now examining the brains of former National Football League players such as Junior Seau, 43, who committed suicide with a gun on May 2, 2012,Reuters.com reported.
They are trying to find out what long-term effect head injuries in sports can have on players and whether the damage caused by repeated blows to the head could have contributed to Seau’s and other players’ deaths.
Neurosurgeon James Johnston of the University of Alabama at Birmingham told Reuters NFL players “have a higher rate of depression, substance abuse, and dementia compared to the general population, which may be connected to head impacts.”
The research comes at a time when the issue of concussions in football has moved into the legal limelight. More than 100 former NFL players and their spouses are suing the league in a lawsuit launched in Atlanta, Georgia.
Had Seau’s suicide been a one-off, it may have been different. But his death was the third suicide by a former NFL player since February 2011, when Dave Duerson, a 50-year-old former Chicago Bears defensive back, shot himself after leaving a note asking that his brain be studied.
Duerson was found by researchers to have a brain disease. About 24 retired players have been found to have chronic traumatic encephalopathy, but none of them acted upon his suspicion of it, in marked contrast to Duerson, the New York Times reported.
As Houston Based Traumatic Brain Injury Lawyers, we are concerned about the latest developments in football and the string of suicides. The lawsuit suggests increasing numbers of players have suffered serious traumatic brain injuries from repeated blows to the head.
The Atlanta lawsuit cited “bounties paid to New Orleans Saints players for hard hitsas evidence of the league’s violent culture,” USA Today reported.
In a recent report CBS news said the lawsuit could be “leading a wave of new lawsuits that cite the New Orleans Saints’ bounty system for hard hits as evidence that pro football didn’t properly protect its players from concussions.”
While the NFL lawsuits are the highest profile development in the fast-moving world of concussion litigation, there has also been a dramatic change in how concussions are dealt with at a school and college level, with a retreat from the idea that students should play on.
In 2011 Texas brought in new legislation that means students who suffer a concussion should be removed from the game.
“Anybody that shows a sign or a symptom of a head injury during play cannot return to play the rest of the day, period,” Kinkaid Athletics Interim Director TJ Bath told abc13.
Medical tests now show that how a concussion is handled can affect how a young player’s brain will function later in life.
The law makes it mandatory for coaches to watch out for symptoms and to pull players out of the game when a concussion is suspected. After suffering a concussion, players must have medical approval before returning to play.
For a free case evaluation by an experienced Houston Brain Injury Attorney who could assist you with a potential personal injury case, please call our law firm at (713) 888-8888 or (281) 888-8888.
2920 Virginia Street, Houston, TX
Hundreds of Police Cruisers are Involved in Violations and Accidents in Houston
Cops are meant to stop the bad drivers, the speeders and those driving under the influence of alcohol on the roads of Houston?
But what happens when the cops turn out to be the bad guys?
A report by the Houston-based TV station KHOU points to numerous incidents in the city in which police have run red lights or committed other traffic infractions during pursuits and ended up hitting other motorists.
And some of these victims are less than happy with the results of internal police investigations into the collisions that have left them nursing injuries.
Jessica Gunn remains haunted by a crash involving a cop at the intersection of Clear Lake City Boulevard and the Gulf Freeway feeder almost four years ago, according to KHOU.
“I still fear and cringe going through the intersection,” she told the station. According to the report she had a green light at the intersection, but a Houston police cruiser on a pursuit ran the red light and smashed into her SUV.
“I got hit at probably a hundred miles per hour, the wheels flew off my car at impact,” Gunn told the station. The crash broke her ribs and left her face badly bruised.
The incident was investigated by the Houston Police Department. Although the officer was found to be at fault, there was no sanction.
KHOU reported it found another 155 major accidents in which Houston police were at fault for violations such as speeding, running red lights and failing to stop at stop signs between 2008 and 2012.
“But how many times did an officer get ticketed? Absolutely zero,” the station reported.
Victims such as Gunn are pursuing lawsuits against the city but they are hampered by a law granting immunity to cities with some exemptions. Houston paid out just over $1 million to accident victims in 2011 according to reports.
As an experienced Houston Car Accident Injury Lawyer, I am disturbed by this long list of crashes involving police cruisers in Houston and the frustration felt by victims who feel they have been let down by the civil law as well as the police department’s internal investigation system.
In some cases in Texas, accidents involving police cruisers have proved deadly. In April 2012, a 43-year-old woman was knocked down and killed by a police cruiser in Dallas. The car was responding to a report of a disturbance but its sirens and flashing lights had not been activated.
For a free case evaluation by an experienced Car /Houston Auto Accidents Attorney who could assist you with a potential personal injury case, please call our law firm at (713) 888-8888 or (281) 888-8888.
A Houston Injury Attorney: Making Sense Of Your Personal Injury Dollars
With the many considerations involved when it comes to claiming for personal injury, it is no wonder that an experienced Houston injury attorney can be your best ally. When you have to deal with the trauma of an accident, the last thing on your mind are medical costs, time lost at work and then having to calculate what the whole ordeal cost you in dollars, but these are the exact things that insurance companies will need from you in order to pay out on a claim.
A Houston injury attorney is a seasoned professional, with years of practice and experience in these matters. They take the injury out of personal injury by making sure that you get what is owed to you in such matters, which can be quite complicated. Never underestimate the value of having a professional Houston injury attorney on your side.
2920 Virginia Street, Houston, TX
New Transvaginal Mesh Lawsuit is Brought in Texas
A new lawsuit filed in Texas is the latest in a series of legal actions against the manufacturers of a product that has been used by surgeons to correct incontinence in women.
Transvaginal mesh has been used to treat a wide range of women’s health issues including incontinence after birth and pelvic floor prolapse. But our experienced Houston Defective Medical Products Attorneys are saddened to report this product has caused more heath issues than it was intended to address, in many instances.
Cathleen Ankenman and her husband have filed a suit in the Eastern District of Texas, Beaumont Division.
A report in the Southeast Texas Recordsaid the mesh caused numerous problems for Mrs. Ankenman and required three corrective surgeries.
Three companies are the defendants in this lawsuit; Johnson & Johnson Inc, American Medical Systems Inc. (AMS), and Ethicon Inc.
Mrs. Ankenman and her husband accuse these companies of fraudulent misrepresentation, negligence, concealment, strict liability and breach of warranties.
The large number of lawsuits currently being brought over injuries caused by vaginal mesh products, raises alarming questions over how these devices were allowed to go onto the market with minimal testing, in the first place
In January, 2012, attorneys representing scores of plaintiffs appeared at hearing in Florida. They are also asking that cases be transferred to the U.S. District Court for the Southern District of West Virginia.
The scale of this issue is truly alarming to me as a Texas Defective Products Attorney. As long ago as October 2008, the U.S. Food and Drug Administration (FDA) issued a warning about transvaginal surgical mesh.
“Over the past three years, FDA has received over 1,000 reports from nine surgical mesh manufacturers of complications that were associated with surgical mesh devices used to repair POP and SUI. These mesh devices are usually placed transvaginally utilizing tools for minimally invasive placement,” the FDA said in a statement.
The most frequent complications include, pain, urinary problems, and recurrence of prolapse or incontinence. There have also been reports of bowel, bladder, and blood vessel perforation during insertion, according to the FDA.
While the three companies have been the targets of lawsuits, the transvaginal mesh issue has raised questions about the archaic licensing system used by the FDA for some products.
These vaginal mesh products were approved through the agency’s much criticized 510(k) fast-track approval process. According to this system that has been used for decades, the only requirement is that a product should be substantially equivalent to a device that has already been approved for sale.
We don’t believe this system is rigorous enough to ensure the safety of patients. If you or a loved one have suffered complications due to mesh pad devices, you could obtain significant compensation.
A Houston Catastrophic Injury Attorney who specializes іn defective medical product liability cases like these саn review уоur claim аnd explain уоur situation tо you. Thеу knоw what уоur rights аrе аnd believe уоu ѕhоuld as well.
2920 Virginia Street, Houston, TX
A Houston Injury Attorney: Getting Your Compensation
The last thing anybody expects when they get out of bed in the morning is that by the time they are supposed to pick up the kids from school they will have been involved in a car crash and spend the next year unable to work and provide for their families. But that is life. And unless you have a professional Houston injury attorney on your side, the year will be a most uncomfortable one.
Life is full of surprises. And not all of them are pleasant. So it stands to reason that having a Houston Injury Attorney on your side makes sense. What makes even more sense is not to wait until the worst happens before you investigate with the help of good Houston injury attorney what your options are in the event you do find yourself caught up in a personal injury case.
2920 Virginia Street, Houston, TX
An Actos Attorney: When You Need Someone In The Know
When it comes to medical cases related to personal injury as the result of a drug, the burden of proof rests on the individual should the case go to trial. Your best bet is to enlist the services of an Actos Attorney who will bee well versed in the proceedings involving medical and pharmaceutical litigation. Before you even consider filing a lawsuit, take the advice of an Actos Attorney into consideration as they will be the best source of relevant, actionable information.
Cases involving drugs can be particularly demanding and complicated, requiring research and knowledge in the history of the drugs involved. An Actos Attorney makes it his duty to know things that you don’t, things that can affect the outcome of litigation. So never negate the value of an Actos Attorney should you or a loved one ever need to go to court on a medical or pharmaceutical drug related matter.
2920 Virginia Street, Houston, TX
Hit and Run Driver is Sought over Death of Pedestrian in Houston
It’s bad enough when a driver or a pedestrian loses their life on the hazardous roads of Houston. It’s even worse when the at-fault driver doesn’t even bother to stop or to own up to what he or she has done.
On April 12, 2012, the Houston Police Department along with Crime Stoppers issued a sketch of a man they believe to be responsible for harrowing the hit-and-run death of Richard Coburn, Jr.
ABC News reported on March 14, 2012 at about 2:15am, the victim was walking near the 3400 block of West Fuqua when he was struck by a driver in a white Honda sedan.
According to investigators, the driver of the Honda continued to the next traffic light, and then stopped to check his vehicle for damage. This driver then got back into his car and drove off, failing to stop and render aid to Coburn.
As an experienced Houston car accident attorney, I’m appalled at this apparent disregard for human life.
Information gathered from the crime scene allowed police to issue a sketch of the driver of the Honda. There is no information as to his identity as yet.
In a recent article our experienced Houston pedestrian accident injury lawyers reported on a pedestrian death on April 11, 2012 on Texas 6 in Houston. The Houston conurbation is the ninth most dangerous in the United States for pedestrians, and these accidents are occurring with alarming regularity.
Hit and run cases are more prevalent than many people believe. If a victim is killed the fact the driver has left the scene will pile additional heartbreak on the family of the deceased. The family may also want to bring a wrongful death action.
If you are injured by a hit and run driver you may claim under your own auto insurance. This kind of claim is known as a (UM/UIM) claim. Although it should cover your lost wages and medical bills, your own insurer may not automatically cover the costs, which is why you should consider consulting a lawyer.
A car wreck attorney can identify the cause of an auto accident or case, and take the steps to put together an appropriate claim. For a free case evaluation by an experienced Car /Houston Auto Accidents attorney who could assist you with a potential personal injury case, please call our law firm at (713) 888-8888 or (281) 888-8888.
