Here's a short quiz:
1. 79,000 of these lawsuits were filed in Ohio in 2006, and 83,000 in 2007- What kind were they?
A. Malpractice lawsuits against physicians and hospitals.
B. Products liability cases against manufacturers of consumer products.
C. More spilled hot coffee cases against fast food chains.
D. Foreclosures.
Answer: D
Foreclosures are exploding in Ohio and clogging our courts due to the mortgage crisis and unscrupulous lending practices(otherwise known as corporate greed). Conversely, there were only 348 products liability lawsuits filed in Ohio in 2006 (no, that’s not a typo). And only 3 went to a jury trial. That shockingly low number of products liability suits was not some anomoly. In 2007, THERE WERE 372 PRODUCTS LIABILITY SUITS FILED AND A WHOPPING 5 JURY TRIALS THROUGHOUT THE ENTIRE STATE! So much for the claim that Ohio corporations are being held economic hostage by scores of product liability lawsuits against product manufacturers.
Yet, business groups like The Chamber of Commerce and others claimed in a series of radio ads last year that Ohio's horrible legal climate is driving businesses out of Ohio (go to http://www.instituteforlegalreform.com/lawsuitclimate2007/media/WrongWayOH.mp3 to listen to this laughable ad). Why is it laughable? Because The Ohio Legislature granted businesses and The Chamber a wish list of legal "reforms" in 2005 that limit YOUR recovery for things like tainted Chinese toys and food, bad medicines, and any other products that harm Ohioans, no matter where made.
After the reforms passed, Ohio was voted 4th in the country and 1st in the Midwest for having a "great legal climate for business", courtesy of The Pacific Research Institute (go to http://www.ohiomeansbusiness.com/docs/Tort_Index_06.pdf to read the Institute's report). This "Institute's" Board includes Altria (huge tobacco conglomerate), ChevronTexaco, ExxonMobil (Exxon has contributed a meager $445,000 to the Institute since 1998), Microsoft, and other megabusinesses.
Strangely, however, in 2007, two years after The Legislature gave big business all the reforms it wanted, and one year after it's "Fourth Place" ranking, Ohio's legal climate for business somehow dropped to 32nd place in the USA. Why? Because the Chamber's Institute For Legal Reform said so, that's why. And this formed the basis for all those radio ads.
Now, however, we have the true numbers for what is really happening in Ohio regarding lawsuits. And unlike bogus "studies" and cooked position papers from "Institutes" funded by big oil and big tobacco, the numbers show the truth of things. Are we really to believe that less than 400 product liability lawsuits and 3-5 jury trials per year for a state of 11 million people was crippling Ohio businesses and causing massive job losses? Or was the problem EXAGGERATED, perhaps, by big businesses that didn't NEED these reforms, but simply WANTED them from a rubber stamp Ohio legislature to increase their bottom line?
Well, it's been almost 3 years now since big business got its legislative wish list. Is Ohio's economy now booming? And has big oil, one of the biggest lobbies for "tort reform," passed those savings on to you in the form of lower gas prices? To twist a phrase from the movie Jerry McGuire, would somebody please "show me the savings" from all this tort reform???
(visit our website at www.n-wlaw.com)
Showing posts with label Canton Ohio accident attorneys; Canton Ohio truck accident attorneys; Stark County Ohio Accident lawyers; Stark County Ohio Malpractice attorneys; Ohio tort reform. Show all posts
Showing posts with label Canton Ohio accident attorneys; Canton Ohio truck accident attorneys; Stark County Ohio Accident lawyers; Stark County Ohio Malpractice attorneys; Ohio tort reform. Show all posts
Wednesday, July 2, 2008
Monday, June 30, 2008
Aultman and Mercy Hospital Lawsuit....And Hypocrisy (Click On The Title Of This Post To Read Article)
Mercy Medical and Aultman Hospital are currently suing the pants off of each other in a big local lawsuit. Mercy claims that Aultman illegally set up a scheme to pay local insurance agents secret bonuses to steer businesses and individuals to buy AultCare Insurance, which is apparently owned by Aultman. Mercy claims that this secret kickback scheme created a "monopoly" that cut into Mercy's market share of potential patients, and therefore its bottom line.
Aultman has fired back, countersuing Mercy for corporate slander, defamation, "unfair trade practices," and has labeled Mercy's claims "extortion."
Who knows who's right or wrong in this one. But here's where a HUGE spotlight of hypocrisy shines on these lawsuits. First, these hospitals can sue each other for MILLIONS, and there are NO CAPS OR LIMITS on what they can recover from a jury. For example, if a jury returns a verdict for Mercy or Aultman for $50 million, that's what either hospital can potentially recover. No problem with that: if that is what a local jury concludes, and the evidence supports the verdict, that is why we have a constitutional right to trial by jury.
However, if either hospital injures YOU after a negligent medical error, and you bring a lawsuit, your pain and suffering is reduced to $250,000 for life, even if a jury values your misery at $300,000, or $3 million. Why? Because the "tort reform" laws that limit compensation APPLY ONLY TO YOU. All those caps and limits do not apply to business lawsuits like this one. So, tort reform is a one way street--it limits THE AMOUNT OF MONEY YOU CAN RECOVER BUT NOT THE AMOUNT BUSINESSES LIKE HOSPITALS CAN RECOVER.
Second, hospitals like Aultman lobbied heavily for tort and medical liability "reforms" before The Ohio Legislature passed them in 2003. Below is a quote from testimony Aultman Health Foundation VP Tim Teynor gave to The Ohio Legislature:
(To read Mr.Teynor's full testimony, go to http://www.ohiochamber.com/governmental/testimony_Teynor.asp).
If capping YOUR compensation after a preventable hospital error is supposed to keep health care and insurance costs down, what do you think a multimillion dollar lawsuit and hospital legal wars over insurance market share does to health care costs? Does it bring the cost of health care down?
Perhaps now you know why I used the term "hypocrisy" in the title of this post. See how these reforms work? In the name of holding down health care costs, your rights are limited, but when it comes to businesses like hospitals hiring armies of lawyers to sue each other for millions, there are no limits. Just another example of average citizens not getting a level playing field when it comes to making businesses like hospitals accountable for their mistakes. And make no mistake about it, this lawsuit proves that running a hospital and churning patients is all business.......
(Visit our website at www.n-wlaw.com)
Aultman has fired back, countersuing Mercy for corporate slander, defamation, "unfair trade practices," and has labeled Mercy's claims "extortion."
Who knows who's right or wrong in this one. But here's where a HUGE spotlight of hypocrisy shines on these lawsuits. First, these hospitals can sue each other for MILLIONS, and there are NO CAPS OR LIMITS on what they can recover from a jury. For example, if a jury returns a verdict for Mercy or Aultman for $50 million, that's what either hospital can potentially recover. No problem with that: if that is what a local jury concludes, and the evidence supports the verdict, that is why we have a constitutional right to trial by jury.
However, if either hospital injures YOU after a negligent medical error, and you bring a lawsuit, your pain and suffering is reduced to $250,000 for life, even if a jury values your misery at $300,000, or $3 million. Why? Because the "tort reform" laws that limit compensation APPLY ONLY TO YOU. All those caps and limits do not apply to business lawsuits like this one. So, tort reform is a one way street--it limits THE AMOUNT OF MONEY YOU CAN RECOVER BUT NOT THE AMOUNT BUSINESSES LIKE HOSPITALS CAN RECOVER.
Second, hospitals like Aultman lobbied heavily for tort and medical liability "reforms" before The Ohio Legislature passed them in 2003. Below is a quote from testimony Aultman Health Foundation VP Tim Teynor gave to The Ohio Legislature:
Employers more than ever need to be free to offer flexible health benefit systems. We must be careful to avoid increasing the cost burden on employers and employees due to new coverage mandates and increased liability.
From a providers point of view, the legislature could help restrain rising medical costs by passing several pending tort reform bills, including:
• Senate bill 120 - would make liability proportional to a defendant's degree or fault or responsibility.
• Senate bill 179 - would modernize ohio's peer review statute.
• Senate bill 281 - would cap non-economic damages for pain and suffering in malpractice lawsuits.
(To read Mr.Teynor's full testimony, go to http://www.ohiochamber.com/governmental/testimony_Teynor.asp).
If capping YOUR compensation after a preventable hospital error is supposed to keep health care and insurance costs down, what do you think a multimillion dollar lawsuit and hospital legal wars over insurance market share does to health care costs? Does it bring the cost of health care down?
Perhaps now you know why I used the term "hypocrisy" in the title of this post. See how these reforms work? In the name of holding down health care costs, your rights are limited, but when it comes to businesses like hospitals hiring armies of lawyers to sue each other for millions, there are no limits. Just another example of average citizens not getting a level playing field when it comes to making businesses like hospitals accountable for their mistakes. And make no mistake about it, this lawsuit proves that running a hospital and churning patients is all business.......
(Visit our website at www.n-wlaw.com)
Monday, June 23, 2008
Are You A True Tort Reformer? Here's One Way To Find Out
You may have heard of the term "tort reform." Generally, it refers to law changes sought by insurance companies and big business. This movement has been around for over 30 years, but it has accelerated greatly over the last 10-15 years both nationally and here in Ohio. These special interests have spent MILLIONS on radio, TV and newspaper ads, and lobbyists pushing for these "reforms." Here's the bait upon which tort reform is sold to the public: by cracking down on "frivolous lawsuits" and "runaway juries," this will protect businesses, which will be good for the economy, and hold insurance costs down.
Now here's the switch: while decrying "frivolous lawsuits," insurance companies then lobby to pass laws that impose arbitrary, one size fits all caps on even LEGITIMATE CASES OF SERIOUS INJURY. Here's how these caps work in Ohio: if you lose a limb or are rendered comatose due to a preventable medical mistake, for example, and a jury values your next 40-50-60 years of misery at $1 million, it is arbitrary reduced by law to $250,000.
What does limiting legitimate injuries have to do with cracking down on frivolous lawsuits? Nothing, of course. But that hasn't stopped the insurance industry from convincing the Ohio Legislature to pass limits on what seriously injured Ohioans can recover.
At the end of the day, the "tort reform" movement is alot like people who want politicians to "crack down on crime" by building more prisons. Sounds great from a distance, until you realize the prison is going in YOUR neighborhood. Suddenly, the situation is "different" or "unfair."
BUT.........if you STILL believe that arbitrary limits on what anyone can recover for serious and legitimate injuries is a good idea, you are probably a true "tort reformer." And if you are, you should print and sign the form below and take it with you whenever you need treatment from your doctor or hospital. That way, everyone will know that you're not going to get involved in our legal system as someone who "sues," and that you're willing to place blind trust in whomever you deal with.
(visit our website at www.n-wlaw.com
MEDICAL AUTHORIZATION AND CONSENT TO TORT REFORM
(Bringing Ohio Patients and Doctors Together To Fight the High Cost of Medical Care)**
Warning: Tort Reform affects your rights! Please do not sign this form unless you have had a face-to-face discussion with your doctor about tort reform.
Dear Dr. , I understand that I (or my child ) will shortly be undergoing the following medical care with you:
(Surgery Anesthesia Important medical exam/treatment)
On behalf of me and/or my minor child, I agree as follows:
It’s a Good Idea to Limit My Recovery in Medical Malpractice Cases
Like you, I am worried about the high cost of health care. Although I never really thought about it before, I think that it’s a really good idea that if you negligently injure me or my child for life, my opportunity to recover damages from your insurance company should be limited. After all, my limited recovery because of your negligence will keep malpractice insurance premiums low, and insurance companies will pass these savings on to all of us, and surely this will bring down health care costs for all Ohioans. I’m glad I’m sacrificing my rights to compensation for the good of all Ohioans, and I can’t wait for health insurance costs and doctors’ fees to be dramatically reduced real soon in Ohio because of all these savings.
Ohio’s Current Laws Do Limit Damages—But It’s Not Enough
In Ohio, we already have laws which limit my recovery from your insurance company. Nevertheless, I am agreeing to “cap” my recovery at $250,000 for pain and suffering damages.
You (the doctor) Can Sue Me For Everything—That’s OK
On the other hand, if I cripple you on the highway with my car, you can sue me and recover for all of your medical bills, lost wages, and pain and suffering, without limit. This seems to treat you better than me but I am willing to sacrifice my family’s well-being for yours.
I’ll Have to Pay Back What I Get from You to My Own Insurance Company
You have also explained to me that my own health insurance plan will want me to deduct from my recovery, and send to it, 100% of the medical bills it paid for my injury. I also understand that if the reason you are treating me is for a work related injury that my worker’s compensation insurance company will have a claim for all of the money it spends for my medical care and lost wages. What these insurance companies are owed will be deducted from my recovery against you. Once again, my limited recovery because of your negligence will mean lower health insurance costs that will be passed on to all Ohioans, which should be coming real soon.
I Want to Agree to These New Laws And Any Others The Ohio Legislature Might Pass Right Now!
I realize that you may want even more reforms that limit or even eliminate my right to bring a claim against you for negligence, so I am willing, in order to make it more affordable for your medical practice, to AGREE IN ADVANCE to any future proposed restrictions apply to my case. After all, we all need to pitch in to bring your rates down, which will be passed along to me in the form of lower health care costs.
So, in order to help you and your business I hereby solemnly agree if you hurt me or my child then:
• That even if I or my child are crippled, disfigured, blinded or in chronic severe pain for the rest of my/our life that the most you will have to pay for the pain, suffering, humiliation and embarrassment is $250,000.
• That out of any recovery from you I may have to pay back to my own health insurance or disability insurance company everything they paid because of my injury.
• That if I can't make ends meet because of any caps, I will simply go on government assistance.
Secrecy Agreement
I hereby agree in advance, that if you hurt me or my child and we settle my claim, we will keep the claim and the settlement secret so that no one else will find out that your malpractice insurance company has settled my case. I also agree, as is required in most settlement agreements, that I will pay you back a large portion of the settlement if word leaks out that your insurance company paid me.
______________________________________Date___________________________
Patient name (or parent if patient is a child)
______________________________________
Doctor’s Name: By signing this form the doctor promises that he/she has had an open and honest discussion with the patient about tort reform and has disclosed to the patient all prior claims paid by or on behalf of the doctor for medical malpractice. The doctor has also disclosed all pending claims so that the patient can make an informed choice about who to trust his/her life to.
**This form is authorized to be used by any doctor and any patient in Ohio. It is designed so that health care providers can have an honest discussion with their patients (and parents of child patients) about the impact of tort reform on patient care. It is also designed so that those who can’t wait for more tort reform to pass on a national or statewide basis can go ahead and enter into a private contract with their doctor for an upcoming treatment or surgery. It is hoped that if a doctor can get every patient to agree to this that maybe the doctor can get a better rate on his insurance and thus whatever the patient ends up paying for out of his pocket for injury can be passed along as a savings to the rest of society in terms of lower cost of medical care.
(Credit for the idea behind the form goes to Virginia attorney Ben Glass....)
Now here's the switch: while decrying "frivolous lawsuits," insurance companies then lobby to pass laws that impose arbitrary, one size fits all caps on even LEGITIMATE CASES OF SERIOUS INJURY. Here's how these caps work in Ohio: if you lose a limb or are rendered comatose due to a preventable medical mistake, for example, and a jury values your next 40-50-60 years of misery at $1 million, it is arbitrary reduced by law to $250,000.
What does limiting legitimate injuries have to do with cracking down on frivolous lawsuits? Nothing, of course. But that hasn't stopped the insurance industry from convincing the Ohio Legislature to pass limits on what seriously injured Ohioans can recover.
At the end of the day, the "tort reform" movement is alot like people who want politicians to "crack down on crime" by building more prisons. Sounds great from a distance, until you realize the prison is going in YOUR neighborhood. Suddenly, the situation is "different" or "unfair."
BUT.........if you STILL believe that arbitrary limits on what anyone can recover for serious and legitimate injuries is a good idea, you are probably a true "tort reformer." And if you are, you should print and sign the form below and take it with you whenever you need treatment from your doctor or hospital. That way, everyone will know that you're not going to get involved in our legal system as someone who "sues," and that you're willing to place blind trust in whomever you deal with.
(visit our website at www.n-wlaw.com
MEDICAL AUTHORIZATION AND CONSENT TO TORT REFORM
(Bringing Ohio Patients and Doctors Together To Fight the High Cost of Medical Care)**
Warning: Tort Reform affects your rights! Please do not sign this form unless you have had a face-to-face discussion with your doctor about tort reform.
Dear Dr. , I understand that I (or my child ) will shortly be undergoing the following medical care with you:
(Surgery Anesthesia Important medical exam/treatment)
On behalf of me and/or my minor child, I agree as follows:
It’s a Good Idea to Limit My Recovery in Medical Malpractice Cases
Like you, I am worried about the high cost of health care. Although I never really thought about it before, I think that it’s a really good idea that if you negligently injure me or my child for life, my opportunity to recover damages from your insurance company should be limited. After all, my limited recovery because of your negligence will keep malpractice insurance premiums low, and insurance companies will pass these savings on to all of us, and surely this will bring down health care costs for all Ohioans. I’m glad I’m sacrificing my rights to compensation for the good of all Ohioans, and I can’t wait for health insurance costs and doctors’ fees to be dramatically reduced real soon in Ohio because of all these savings.
Ohio’s Current Laws Do Limit Damages—But It’s Not Enough
In Ohio, we already have laws which limit my recovery from your insurance company. Nevertheless, I am agreeing to “cap” my recovery at $250,000 for pain and suffering damages.
You (the doctor) Can Sue Me For Everything—That’s OK
On the other hand, if I cripple you on the highway with my car, you can sue me and recover for all of your medical bills, lost wages, and pain and suffering, without limit. This seems to treat you better than me but I am willing to sacrifice my family’s well-being for yours.
I’ll Have to Pay Back What I Get from You to My Own Insurance Company
You have also explained to me that my own health insurance plan will want me to deduct from my recovery, and send to it, 100% of the medical bills it paid for my injury. I also understand that if the reason you are treating me is for a work related injury that my worker’s compensation insurance company will have a claim for all of the money it spends for my medical care and lost wages. What these insurance companies are owed will be deducted from my recovery against you. Once again, my limited recovery because of your negligence will mean lower health insurance costs that will be passed on to all Ohioans, which should be coming real soon.
I Want to Agree to These New Laws And Any Others The Ohio Legislature Might Pass Right Now!
I realize that you may want even more reforms that limit or even eliminate my right to bring a claim against you for negligence, so I am willing, in order to make it more affordable for your medical practice, to AGREE IN ADVANCE to any future proposed restrictions apply to my case. After all, we all need to pitch in to bring your rates down, which will be passed along to me in the form of lower health care costs.
So, in order to help you and your business I hereby solemnly agree if you hurt me or my child then:
• That even if I or my child are crippled, disfigured, blinded or in chronic severe pain for the rest of my/our life that the most you will have to pay for the pain, suffering, humiliation and embarrassment is $250,000.
• That out of any recovery from you I may have to pay back to my own health insurance or disability insurance company everything they paid because of my injury.
• That if I can't make ends meet because of any caps, I will simply go on government assistance.
Secrecy Agreement
I hereby agree in advance, that if you hurt me or my child and we settle my claim, we will keep the claim and the settlement secret so that no one else will find out that your malpractice insurance company has settled my case. I also agree, as is required in most settlement agreements, that I will pay you back a large portion of the settlement if word leaks out that your insurance company paid me.
______________________________________Date___________________________
Patient name (or parent if patient is a child)
______________________________________
Doctor’s Name: By signing this form the doctor promises that he/she has had an open and honest discussion with the patient about tort reform and has disclosed to the patient all prior claims paid by or on behalf of the doctor for medical malpractice. The doctor has also disclosed all pending claims so that the patient can make an informed choice about who to trust his/her life to.
**This form is authorized to be used by any doctor and any patient in Ohio. It is designed so that health care providers can have an honest discussion with their patients (and parents of child patients) about the impact of tort reform on patient care. It is also designed so that those who can’t wait for more tort reform to pass on a national or statewide basis can go ahead and enter into a private contract with their doctor for an upcoming treatment or surgery. It is hoped that if a doctor can get every patient to agree to this that maybe the doctor can get a better rate on his insurance and thus whatever the patient ends up paying for out of his pocket for injury can be passed along as a savings to the rest of society in terms of lower cost of medical care.
(Credit for the idea behind the form goes to Virginia attorney Ben Glass....)
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