Articles posted in the category

damages cap

Aaron J. Freiwald
Medical-Error

Why do conservative politicians and lawmakers continue to bark about the need for medical tort reform? Why does ALEC and other corporate lobbying groups want so badly to limit the rights of those most seriously injured because of medical errors? After all, every legitimate study shows that the “cost” of medical liability payments to those who are the victims of medical malpractice represents but a nanoparticle out of total annual health care costs.

When the administrative office of Pennsylvania’s court system issues data on the numbers of case filings, the number of medical malpractice cases is consistently down from its high points. Data on the results of jury verdicts, even in the “judicial hellhole” that is Philadelphia (as characterized by tort-reform proponents), show an overwhelming advantage for the defendant doctor or hospital.

Even prominent tort reform advocates admit, when pressed, that our legal system is not being inundated with frivolous medical malpractice claims. Victor Schwartz, the general of the American Tort Reform Association, one of the most influential voices for curbing the rights of victims of medical and hospital errors, has conceded: “It is ‘rare or unusal’ for a plaintiff lawyer to bring a frivolous malpractice suit because they are too expensive to bring.”

Why do Republicans continue to press this issue then? The answer, plain and simple, is money. Any rule or restriction that limits recovery for those injured by medical mistakes – such as a cap on the amount of monetary damages a plaintiff may recover in a civil lawsuit – means more money in the hands of medical malpractice insurance companies.

Continue Reading
Aaron J. Freiwald
medical care costs

In the days after the Supreme Court’s decision to affirm the constitutionality of the Affordable Care Act, Senator Minority Leader Mitch McConnell (R-KY) vowed that Republicans would retake control of the United States Senate and then, as their top priority, would “repeal and replace Obamacare.” On July 1st, Fox News’ Chris Wallace challenged Sen. McConnell on how he would then deal with 30 million uninsured.

McConnell’s back-of-the-hand remark to Wallace – “That’s not the issue” – received the most attention in the media. Though insensitive, politically and otherwise, McConnell’s attempt to explain the “replace” part of his prescription was more worrisome.

First, McConnell said, Obamacare would be repealed. No ifs, ands or buts. Second, the Kentucky Republican promised, Obamacare would be replaced with “more modest reforms,” like “lawsuit reform,” which he claimed was necessary because of the “billions and billions” hospitals and doctors are paying every year because of lawsuits.

Tort reform? That old Republican chestnut? A cap on money damages as a way to solve the problems with our health care system by reducing health care costs? Why yes, McConnell and others say and have said for years as they receive steady donations from insurance companies and the Chamber of Commerce and others promoting talk of “frivolous lawsuits” and “jackpot juries” and “judicial hellholes.”

Continue Reading
Aaron J. Freiwald
Scales of Justice

Alec Baldwin is a star of the large and small screens. He is good and funny. ALEC, on the other hand, is no laughing matter. And there is nothing good about ALEC, unless you’re one of the big companies that funds its work and benefits from its efforts to curtail individual rights.

Most of us knew nothing about ALEC – the American Legislative Exchange Council – until the Trayvon Martin controversy. ALEC led the way in Florida (and other states) lobbying for passing a Stand Your Ground law, which is now the basis for George Zimmerman’s defense against charges he shot shot dead an unarmed teenager.

If you don’t know much about ALEC, you should and a good place to start is a new report, issued earlier this month by the group Take Back Our Courts, a project of the Pennsylvania-based Keystone Progress. The report, “Justice Denied in Pennsylvania,” examines ALEC’s background and its agenda as well as its influence on Pennsylvania legislators.

Why single out ALEC for study? Isn’t lobbying for a special-interest agenda simply the way business gets done in politics today? According to “Justice Denied,” because of the usually unpublicized infiltration of groups like ALEC, and the deep ties ALEC has within many state legislatures, “the very nature of our government as a republic is being challenged.”

Continue Reading