Saturday, 24 of June of 2017

Tag » tort reform

Tort Reform Will Not Significantly Reduce Health Care Costs

By Jim Lewis, Medical Negligence Attorney

Our firm published an article discussing the misguided and irrational arguments calling for capping jury awards at $250,000. Jury awards are not the problem. They do not cause health care costs to increase. Find out why in this article…

The Answer to Rising Health Care Costs is Not Found in the Court Room

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


New Report Squashes Myths Surrounding Medical Malpractice

By Jim Lewis, Medical Malpractice Injury Lawyer

Our firm published an article discussing the five most-common myths surrounding medical malpractice. Unfortunately, these myths have infiltrated media outlets, newspapers, and the medical community, which has led to tort reform laws getting passed in a myriad of states. The article explains how this is unproductive and will not help reduce health-care spending or improve the health-care system in our country…

Medical Malpractice Myths Debunked

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

 


Attorney Talks About Unfair Tort Reform Laws

By Jim Lewis, Medical Negligence Injury Lawyer

Texas is an example of how not to address tort laws. The legislature passed a sweeping tort reform package in 2003 which made it more difficult for injured victims to file legitimate claims and capped non-economic damages that an injured victim could receive from a medical malpractice injury claim to only $250,000. To learn why Texas is a terrible model for Virginia and other states, read the story here…

Texas Tort Reform Laws NOT the Model for Virginia Tort Law

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton & Favaloro include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Attorneys with our firm have been listed among the Best Lawyers in America since 2008. Attorneys with our personal injury law firm have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Tort Reform Arguments Debunked by New Study

By Kevin Duffan, Medical Malpractice Attorney

Tort reform advocates are simply mistaken that doctors are being bankrupted, or even overwhelmed, by medical malpractice lawsuits. The empirical evidence shows that payouts to victims of medical malpractice were at their lowest levels ever last year. To learn more, read the article here…

New Study Shoots Down Tort Reform Arguments

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.

 


Article Discusses the Prevalence of Preventable Medical Mistakes

By Randy Appleton, Virginia Medical Malpractice Lawyer

About 25 percent of all hospitalized patients will suffer a harm due to a preventable medical error of some kind. Yes, you read that correctly. A recent news article highlighted the shockingly high number of preventable medical errors that take the lives of thousands of innocent patients. To learn more, read the story here…

Preventable Medical Errors are a Major Problem

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of practicing attorneys receive.


Jury Awards $1.8 Million in Medical Malpractice Missed Diagnosis Case

By Jim Lewis, Medical Malpractice Attorney

The family of a woman who lost her life from a rare blood disorder filed a missed diagnosis medical malpractice claim against the hospital. The jury awarded the family $1.8 million but that was reduced to $187,500 after the non-economic damage cap was enforced and the “loss of chance” doctrine was applied. To learn more, read the story here…

Missed Diagnosis Case Results in $1.8 Million Jury Award

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.

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Medical Malpractice Payments Hit All-Time Lows

By Mark Favaloro, Medical Negligence Attorney

A new report by the Public Citizen provides further substantive evidence that the tort reform argument proclaiming that our court system is inundated with frivolous lawsuits is simply false. In fact, medical malpractice payments were at their lowest levels on record by almost any measure in 2011. To learn more, read the story here…

Debunking Tort Reform: New Report Shows Medical Malpractice Payments at Record Lows

About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia and Carolina. Our attorneys have experience handling medical malpractice cases involving hospital and doctors’ mistakes, as well as nursing home abuse and neglect. Check out our case results to see our track record of success in medical malpractice lawsuits, and also be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney Randy Appleton, have also been named Virginia Super Lawyers since 2010, an honor fewer than 5 percent of outstanding attorneys receive.


Medical Malpractice Award Caps in North Carolina Explained

In the name of so-called tort reform, new laws limit how much victims of malpractice can recover in lawsuits.

By Randy Appleton, NC Medical Malpractice Lawyer

My colleague Richard Shapiro wrote recently on our firm’s Carolina personal injury lawyers’ website about new tort reform laws limiting how much victims of medical malpractice can collect in a medical negligence case in North Carolina (NC).  To learn more about what to you or a loved one can recover in a medical malpractice lawsuit, check out our case results.

LC

About the Editors: The VA-NC medical malpractice attorneys at  Shapiro, Cooper Lewis & Appleton include medical and surgical malpractice lawyers licensed in both Virginia (VA) and Carolina (NC/SC). Our medical/hospital malpractice focus on personal injury and accident law and have experience handling medical malpractice cases involving hospital and doctor mistakes and nursing home abuse and neglect. Check out our case results to see our medical and doctor malpractice track record of success. Be sure to read our free medical malpractice reports Top 10 Tips From a Medical Malpractice Insider and Top 5 Surgical Errors. Rick Shapiro and James Lewis have been listed among the Best Lawyers in America since 2008. They, along with fellow attorney John M. Cooper, have also been named Virginia Super Lawyers since 2010, an honor which fewer than 5 percent of outstanding lawyers receive.


Virginia Medical Malpractice Damage Cap To Be Increased?

The bill, if passed, would increase the damage cap from $2 million to $2.05 million starting on July 1, 2012. The cap would then increase by $50,000 annually with the last increase on July 1, 2031.

By Jim Lewis, Medical Malpractice Lawyer in VA

Virginia (VA) Delegate Dave Albo, chairman of the House Courts of Justice Committee, introduced House Bill 1459 which proposes a slight increase in the “damage cap” for medical malpractice lawsuits.

The bill, if passed, would increase the damage cap from $2 million to $2.05 million starting on July 1, 2012. The cap would then increase by $50,000 annually with the last increase on July 1, 2031.

I am glad to see VA Delegates addressing the arbitrary, unfair medical malpractice damage cap. However, I would advocate for no cap at all.

I know what some of you might be thinking, “Typical trial lawyer looking to take advantage of the courts to get an even bigger payday.” This is the stereotype perpetuated by big insurance companies and the Chamber of Commerce. They want you to believe that restricting damage awards for helpless victims of medical negligence somehow helps reduce health care costs. Nothing could be further from the truth.

 From 2000 to 2009, health care spending rose 83 percent while medical malpractice payments fell 8 percent (both figures are in unadjusted dollars). You read that right. As medical malpractice jury awards fell, health care costs actually increased drastically.

Furthermore, public health and health policy experts ran the numbers and concluded in the September 2010 issue of the journal Health Affairs that “overall annual medical liability system costs, including defensive medicine, are estimated to be $55.6 billion in 2008 dollars, or 2.4 percent of total health care spending.” Note the 2.4 percent figure. Now, recognize that the researchers also found that “total malpractice indemnity payments [i.e., malpractice lawsuit verdicts and settlements] were $5.72 billion a year in 2008 dollars.”

As you can see, the supposed correlation between VA tort laws and health care costs is more myth than fact.

Let’s hope HB 1459 becomes law and victims of surgical errors and medical negligence could potentially get a slight increase in a settlement or jury verdict.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA


Medical Malpractice Accounts for Less than 3 Percent of Health Care Costs

In the midst of the most recent healthcare reform debate, some public officials talked about tort reform as essential to reducing healthcare costs. Some officials even proclaimed we could save hundreds of billions of dollars if we simply capped the amount of money victims can get in a lawsuit (i.e. what tort reform really means). Again, these proclamations are false.

By Jim Lewis, Medical Malpractice Lawyer in Virginia

When we talk about medical malpractice, there is usually someone who brings up the dire need for tort reform. They talk about “frivolous” lawsuits run amuck and how all those medical malpractice lawsuits are driving up healthcare costs.  Well, turns out those arguments are completely untrue.

A new study was released in the September 2010 issue of Health Affairs which showed that the cost of medical malpractice suits account for roughly 2.4 percent of all health care spending. You read that right – 2.4 percent.  

In the midst of the most recent healthcare reform debate, some public officials talked about tort reform as essential to reducing healthcare costs. Some officials even proclaimed we could save hundreds of billions of dollars if we simply capped the amount of money victims can get in a lawsuit (i.e. what tort reform really means). Again, these proclamations are false.

“Some of the numbers bandied about in policy discussions were quite imaginative and we wanted a more defensible estimate,” according to Michelle Mello, the author and professor of law and public health at the Harvard School of Public Health.

The study specifically stated capping damages for victims is unlikely to have an impact on overall health care spending and more emphasis should be placed on shifting from a fee-for-service system to a fee-for-quality system, according to healthaffairs.org.

So when your friend, neighbor, or relative starts railing against medical negligence lawsuits and touts tort reform, gently remind them that malpractice costs are microscopic in the grand scheme of healthcare spending in our country.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases, which includes hospital/doctor mistakes, and nursing home abuse and neglect. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office.  Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA