Project Lawsuit Abuse:
Stories from the Frontlines of Lawsuit Abuse

Posts for Health Care

Healthcare Legal Reforms in Iowa and Florida

Recently, some positive developments have taken place in the world of medical malpractice reform. On Tuesday, the Iowa House approved a bill that would require medical malpractice lawsuits to be reviewed by special panels before proceeding to trial. If passed, the bill would increase courtroom efficiency and help cut down on healthcare costs.

Healthcare Liability Reform in West Virginia?

We recently told you about how West Virginians are sick of lawsuit abuse and eager for reform. Now, we have some good news – it looks like West Virginia state legislators are starting to listen to these concerns!

On February 19, the West Virginia State Senate introduced a bill that would place a cap on outrageous awards in medical malpractice cases. Senator Mitch Carmichael, one of the lead senators on the bill, said the legislation would help re-energize West Virginia’s business climate and change its “lawsuit friendly” reputation. We couldn’t agree more!

Project Lawsuit Abuse Newsmakers

Tort reformers have been turning up all over the internet recently. We took the liberty of rounding up some of the standouts. You may recognize a few friends of Project Lawsuit Abuse in there. Here are some of the newsmakers from around the country.

How Tort Reform Could Increase Access to Justice for Patients
Limiting damages in medical malpractice cases — what most people think of as “tort reform” — could become a hot topic again if Georgia legislators finally try to reimpose the caps thrown out by the state Supreme Court in 2010. -Atlanta Journal-Constitution

A Texas Success Story

Everything really is bigger in Texas. The Lone Star State has experienced enormous job growth in the last few years. It is no coincidence that this job surge followed the state’s passage of significant legal reforms such as “loser pays,” where plaintiffs must cover their opponents’ legal fees if their claims are found groundless.

These changes have brought Texas litigation costs to a record low and made it a model of success for other states.

New York Tort Reform: We Need it!

Editor's Note: Project Lawsuit Abuse regularly highlights lawsuit abuse news from across the country. As part of the “Create Jobs, Not Lawsuits Tour” we’re dropping in on states across the country so see the effects of lawsuit abuse on-the-ground and hear from those on the frontlines of the fight for legal reform. Today, Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, contributed a guest post on what tort reform would mean for jobs and healthcare in New York.  

The Benefits Speak for Themselves

Detractors of legal reform can be counted on to release “studies” and “reports” that support why they think legal reform is bad, but what they don’t ever talk about is all of the positive effects legal reform has had on state economies.

Case in point: Texas.

This week, Dr. Thomas Wilder, M.D., a board member of the Bay Area Citizens Against Lawsuit Abuse, authored a piece in the Corpus Christi Caller-Times looking at the obvious and monumental benefits of legal reform in the state.

What are you doing for Lawsuit Abuse Awareness Week?

Throughout October, Citizens Against Lawsuit Abuse groups across the country are reaching out in their communities in honor of Lawsuit Abuse Awareness Week. Groups are hosting roundtables, fundraisers and taking to their local newspapers and airwaves to highlight the problem of lawsuit abuse.

Lawsuit Abuse Awareness Week serves as an annual reminder to us all of the detriment abusive and frivolous lawsuits on our society.

Lawsuit abuse hurts our economy, our healthcare system and our personal freedoms. Too many American jobs have been lost to lawsuits because of the strain that frivolous lawsuits put on businesses and public entities.

New Study Touts Texas Reforms

The proof is in the pudding, folks. We probably sound like a broken record, but – it’s true: reform works.

A public policy think tank in Texas recently released a new study that found that medical malpractice reform has improved medical access for residents all over the state.

The Center for Economic Freedom, part of the Texas Public Policy Foundation in Austin, Texas, produced the study, titled “The Texas Model: Improving Health Care through Tort Reform.”

Defensive Medicine Carries a Hefty Price Tag

According to recent reports, defensive medicine contributes an estimated $50 billion in additional costs to the U.S. health care system – the most expensive health care system in the world.

In the current climate of fear, defensive medicine is becoming the norm, rather than the exception. The fear of a lawsuit drives physicians to order excessive tests, images and studies because they know they cannot personally afford to miss any diagnosis, regardless of how rare.

Medical liability loophole?

While West Virginia finds itself outside the legal mainstream far too often, our state’s 2003 Medical Professional Liability Act (“MPLA”) does serve as a model for medical liability reforms. Whereas West Virginia was a state experiencing a health care crisis less than ten years ago, we are now rated by Medical Economics as one of the ten best states in which to practice medicine. 

Our state Supreme Court has rejected most legal challenges to the MPLA, leaving personal injury lawyers looking for creative ways to evade the reforms.  One potential loophole — which states with reform should be on the lookout — are nursing home lawsuits.