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Archive for the ‘Politicians and Their Views on Medical Malpractice’ Category

Rick Santorum’s View Of Medical Malpractice Claims — Good For His Wife But Bad For You

Friday, February 17th, 2012

 

The Republicans running for President of the United States agree that you should not be fully compensated for your injuries and losses suffered as a result of medical malpractice. They want to put a cap (limit) on the amount that a jury can compensate you after the jury has heard all the testimony, reviewed all of the evidence, and has come to a consensus as to the value of your losses due to medical malpractice.

Rick Santorum, like the other Republican candidates for President, desires to change our laws for a select but very powerful and very limited category of people (that is, negligent medical providers) so that they are provided special and unjustified protections and benefits unavailable to all other people. They want to stack the judicial deck in favor of medical providers who provide their patients with substandard medical care so that the unwitting and innocent victims of their medical negligence are at a legal disadvantage and will never receive the justice that our laws were intended to provide. They want to replace equal protection under our laws with laws that provide unequal protection.

But has Rick Santorum’s view of the need for medical malpractice “reforms” always been this severe and sinister? The answer may surprise you.

In 1999, Rick Santorum’s wife, Karen, filed a medical malpractice claim against her chiropractor, seeking $500,000 in compensatory damages (which was twice the amount of Rick Santorum’s 1994 legislative proposal for a medical malpractice cap) for her alleged permanent back injury that she claimed would require a lifetime of medication for a lifetime of pain and restricted mobility, allegedly due to the chiropractor’s medical treatment of her. The medical malpractice claim alleged that Karen Santorum suffered back pain following the 1996 delivery of her premature fourth child (who tragically died the same day). She sought out the treatment by the chiropractor for her lower back pain. The medical malpractice claim alleged that the chiropractor’s manipulation of her spine (a standard chiropractic procedure) caused a disk herniation that required surgical removal of the disk one week later. Her total medical bills were just over $18,000.

Rick Santorum testified during his wife’s medical malpractice trial regarding the emotional and physical damages allegedly suffered by his wife that he said would justify a large monetary award for pain and suffering (the same category of damages that Rick Santorum and other Republican candidates for President of the U.S. now seek to severely limit). Rick Santorum testified at trial that his wife’s pain made her unable to exercise and stay fit and thus she did “not have the confidence” to assist him with his public campaign events. The jury awarded $350,000, which was reduced by the trial judge to $175,000 (the judge called the jury award “excessive” and based on “undue sympathy.” The trial judge stated, ”The subjective testimony of Mrs. Santorum and her husband is belied to some degree by the fact that Mrs. Santorum sought virtually no medical treatment following the operation.”)

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It would appear that Rick Santorum does not want his wife to be subject to the same pain and suffering damage cap that he would impose on the rest of the country. If you are not Rick Santorum’s wife, or if it is important to you that the laws that protect the innocent victims of medical malpractice should not be changed in order to heavily favor the wrongdoers at the expense of their victims’ destroyed lives, then you may wish to take that into consideration when it is time to cast your vote for President of the United States in November, 2012.

If you have been injured as a result of medical malpractice, you may wish to seek the advice of a medical malpractice attorney to protect your right to seek compensation for your losses.

Visit our website  or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to help you with your medical malpractice claim.

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Today’s 300th Consecutive Daily Blog Posting For MedicalMalpracticeLawyers.com

Thursday, December 29th, 2011

Today, MedicalMalpracticeLawyers.com is proud to celebrate its 300th consecutive daily blog posting. Over the course of 299 postings, we have explored numerous medical malpractice topics, including states’ medical malpractice laws, states’ statistics regarding medical malpractice claims, results of medical malpractice jury verdicts in various states, and relevant and timely medical information useful to our readers.

Our medical malpractice research over the last 10 months has revealed the constant assault on the rights of medical malpractice victims to receive fair and adequate compensation for their losses that has drastically, unfairly, and indiscriminately reduced the compensation received by them for their permanent, painful, and debilitating injuries and losses.

Our blog has examined the well-financed and highly-organized efforts of the health care industry promoting “tort reform” legislation drafted on its behalf by politically-connected, highly-paid lobbyists who employ public fear tactics (for example, telling patients that their doctors will need to give up their medical practices due to too high medical malpractice insurance premiums or preaching the often-recited but rarely-supported mantra about “frivolous” medical malpractice lawsuits) to wage a war that they inappropriately call ”tort reform” (“reform” implies that something was wrong to begin with). Their high-powered tactics are intended to elevate the financial interests of the very few doctors, hospitals, and other medical care providers who fail to provide the medical care that their peers have established as the bare minimum required level of medical care that should have been provided under the circumstances, over the long-established legal and moral rights of the innocent victims of negligence to be fairly and adequately compensated for their injuries and losses caused solely by the wrongdoing of others.

We have tried to bring to light the processes of certain federal agencies, such as the U.S. Food and Drug Administration (FDA), that affect the health of our citizens, such as the federal drug-approval process that can be influenced by political considerations and the financial power held by massive drug manufacturers. We have discussed the objective findings of studies undertaken by independent federal government organizations such as the U.S. Office of Management and Budget (OMB) that were relevant to medical malpractice issues, to help our readers determine for themselves the unbiased, honest information that will help them form their own opinions on medical malpractice issues relevant to their lives.

While our name, MedicalMalpracticeLawyers.com, and our website  are dedicated to helping the innocent victims of medical malpractice be connected with medical malpractice lawyers in their local area throughout the United States who may be able and willing to investigate their possible medical malpractice claims for them and represent them in their medical malpractice case, if appropriate, we have always provided the source of our information and the link to our source in our blogs so that our readers can read for themselves the original source information.

MedicalMalpracticeLawyers.com will continue to seek out and explore interesting and useful medical malpractice information for our future blogs. If you have information or a request for information regarding medical malpractice issues important to you, please contact us with your information or your request so that we can provide the information to our blog readers.

We wish all of you the best of health, happiness, and enjoyment of life for the New Year!

Please visit our website  or call us toll free (800-295-3959) if we can assist you.

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Mitt Romney’s Views About Medical Malpractice

Tuesday, December 13th, 2011

Current Republican Presidential candidate Mitt Romney has expressed his opinions on medical malpractice reforms. On his 2012 presidential candidate website, Mr. Romney states, “The current medical liability system encourages defensive medicine and drives up health care costs. To address these problems, Mitt Romney will cap non-economic damages in medical malpractice litigation. He also believes in providing innovation grants to states for additional medical liability reforms, such as alternative dispute resolution or health care courts.”

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In Mitt Romney’s book entitled No Apology: The Case for American Greatness, he notes three general categories of medical malpractice reforms that he promotes as having the greatest impact on health care costs. These reforms are: limiting noneconomic damages (damages for pain and suffering, disfigurement, mental anguish, emotional distress, etc.) in medical malpractice cases; having special health care courts decide medical malpractice cases; and, establishing a pre-determined schedule for medical malpractice awards.

(See page 181 of No Apology)

While running for President of the United States in 2007, then-candidate Mitt Romney was quoted as stating, “”These lottery-sized awards and frivolous lawsuits may enrich the trial lawyers but they put a heavy burden on doctors, hospitals and…the entire health care system.”

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“Lottery-Sized Awards” And “Frivolous Lawsuits”?

Mr. Romney refers to “lottery-sized awards” and “frivolous lawsuits” that “may enrich the trial lawyers,” but he fails to provide specific examples of his aspersion. Is $15 million for the death of a 3-year-old who died as a result of medical malpractice in Massachusetts (the largest medical malpractice verdict in 2009 in Mr. Romney’s home state) a “lottery-sized award” or a “frivolous lawsuit”? (see our Blog for December 10, 2011 that discusses this particular medical malpractice case).

“A heavy burden on doctors…”

Is the burden heavier on the parents who lost a 3-year-old-child due to medical malpractice or on the doctors whose medical malpractice insurance company will have to pay the judgment that an independent and unbiased jury found to be fair compensation for the inconsolable parents of the now-deceased child?

Why Do Our Presidential Candidates Focus Solely On Protecting The Financial Interests Of  Health Care Providers To The Exclusion Of Protecting Medical Malpractice Victims When Discussing Medical Mapractice Reform?

Candidates for public office, whether they are campaigning on the state level or on the national level, tend to espouse  so-called medical malpractice ”reform,” such as limits on the amounts that victims of medical malpractice can recover for their noneconomic damages, in non-specific terms that focus solely on the financial interests of medical malpractice insurance companies (rarely are doctors who commit medical malpractice required to pay for their injurious wrongdoing out of their own pockets) rather than the egregious and permanent impact that medical malpractice has on its victims and their families. Taken to its absurd limit, these same politicians would argue that we should not pay to take care of our military members who are wounded while defending our country because of the “heavy burden” on the taxpayers for national defense.

If you are the victim of medical malpractice, click here to visit our website to be connected with medical malpractice lawyers in your state who may be able to assist you in bringing a medical malpractice claim on your behalf for your injuries and losses, or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

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Newt Gingrich’s Views On Medical Malpractice

Monday, December 12th, 2011

What Is Newt Gingrich’s Position On Medical Malpractice Claims In The United States?

In his opinion published in The New York Times on February 21, 2010, Republican Presidential Hopeful (and current leading Republican contender) Newt Gingrich wrote as follows:

CAT scans, blood tests, ultrasounds, Caesarean sections — in many instances, these diagnostic tools and procedures are vital for treating patients. Too often, however, such procedures are ordered unnecessarily and drive up the cost of medicine for patients, taxpayers and insurance carriers.

A new Gallup poll, commissioned by Jackson Healthcare, indicates that doctors believe an astounding one in four health care dollars is now spent on unnecessary care.

Doctors order these procedures to protect against frivolous suits filed by trial lawyers seeking an easy payout, particularly after a doctor makes a simple mistake. Seventy-three percent of the doctors surveyed said they had practiced defensive medicine in the past year. As a result, American patients not only endure extra hours of tests and treatments but also pay more for health care.

If President Obama and Congress are serious about reducing health care costs, then the more than $600 billion a year in unnecessary care should be at the top of the list. Congress must give states the incentive to reform their civil justice systems so that lawyers will think twice before suing doctors for frivolous cases. There is a place for health courts that address only medical malpractice cases, and a need for caps on damages for “pain and suffering” that have nothing to do with lost wages or actual damages. Doctors who incorporate best medical practices should be protected from lawsuits altogether.

These reforms would allow doctors to stop playing defense, and make it possible for patients and taxpayers to better afford health care.

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In his book, To Save America: Stopping Obama’s Secular-Socialist Machine, published in May 2010, Mr. Gingrich focuses not on the victims of medical malpractice or the prevalence of medical malpractice mistakes but rather on his attack on medical malpractice lawyers: “For most doctors and businesses, litigation reform is important, but it’s not dire. But for the trial lawyers — the reactionary defenders of the old order — this is a life-or-death issue. Their status, their incomes, their ambitions to some day own a large private plane and a baseball or football team, or to buy a Senate seat or a governorship — all these dreams could be destroyed if litigation reform led to fewer lawsuits or smaller awards.” (page 36 of Mr. Gingrich’s book).

Newt Gingrich states on his presidential candidate’s website, under the heading “Newt’s plan to save lives and money,” in paragraph number 10: ”Stop junk lawsuits that drive up the cost of medicine with medical malpractice reform” without explaining what he means by “junk lawsuits,” without describing his proposed “medical malpractice reform,” and without setting forth how his proposed medical malpractice reforms will affect the innocent victims of medical malpractice whose lives have been permanently disrupted, or whose lives and the lives of their families have been destroyed because of medical malpractice.

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Mr. Gingrich, we ask you this simple but important question: What are your plans to reduce the occurrences of medical malpractice and to insure that the victims of medical malpractice are fairly and fully compensated for their losses?

If you are a negligent doctor or a hospital that experiences medical malpractice, then you should be happy with Newt Gingrich’s position on medical malpractice reform. If you are the innocent victim of medical malpractice whose life (and the lives of your family) have been forever harmed  due to the medical negligence of a health care provider, then you should be concerned whether Newt Gingrich’s medical malpractice views place the profits of negligent health care providers over the life-long suffering of the innocent victims of medical malpractice and how Newt Gingrich’s proposals may affect your right to be fairly compensated for your losses.

If you or a loved one have been harmed due to medical malpractice, you may be entitled to compensation for your injuries and losses. Click here to visit our website  to be connected with medical malpractice attorneys in your local area who may be able to assist you with your medical malpractice claim, or call us toll free at 800-295-3959.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!