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Litigation Crisis Myth

Is Tort Reform Really the Answer?

November 7, 2014

Is tort reform really the answer to frivolous lawsuits? More studies are coming out that show that tort reform doesn’t produce substantial savings and even puts patient safety at risk. “Politicians often ask us for proof that “tort reform” makes us less safe. But “proof” was always difficult to find – until now.” Joanne Doroshow,…

Tort Reform Myth #2 – Tort Reform Will Improve Health Care

September 22, 2009

When your waiter makes a mistake on your lunch order, you can send it back to the kitchen or get your money back. If a mechanic makes a mistake repairing your car, you can take it back or get your money back. You can take the mechanic to small claims court. When the barber cuts…

Tort Reform Myth #1 – Tort Reform Will Cut Health Costs

September 10, 2009

With health care reform in the news these days, one of biggest arguments that supporters of tort reform maintain is that the high cost of medical treatment is due to medical malpractice lawsuits. Health economists and legal experts assert that it’s not medical malpractice lawsuits that are driving up the cost of healthcare, but the…

Frivolous Lawsuits…Why Sue?

August 18, 2009

What if your frivolous lawsuit could prevent someone else from suffering what you’ve experienced? Almost every day in the news you’ll hear about a “frivolous lawsuit” that some idiot has filed because they slipped and fell while trying to rob a dry cleaning business or a gentleman who crashed his motorhome when he got up…

Medical Device Safety Act Protects Patients

May 18, 2009

Let’s imagine your doctor has diagnosed a serious heart condition that requires a defibrillator to prevent a fatal arrhythmia. Imagine then, the horror when this life-saving device malfunctions and instead of helping save your life, sends multiple dangerous, life-threatening shocks to your heart and throughout your body. Now your health has been seriously compromised and…

Oregon Aims to Limit Attorney Fees

July 10, 2008

Nothing feels quite like being proven right. Some time ago, I blogged about a defunct Colorado effort to limit the amount of money a plaintiff’s attorney could charge. I suggested that this was the future of “Tort Reformers,” reducing access to attorneys by attempting to lower the amount of money they earned, rather then the…

Justice Delayed and Justice Denied

June 25, 2008

The Supreme Court issued a decision, reducing the punitive damages Exxon would have to pay as a consequence of their continued employment of a known drunkard who caused the catastrophic Exxon Valdez oil spill. Thus ends a long and storied battle over responsibility for a massive oil spill. In 1994, a jury awarded punitive damages…

Tort Reformers Have a Problem

June 19, 2008

Tort Reformers have a problem. They can push through laws that limit damages by harping on the “litigation lottery,” but inevitably, people will start to realize that what those laws do is essentially declare “You, an individual citizen, cannot possibly be harmed more then this amount.” This statement doesn’t sit well with most people, since…

The Truth, the Whole Truth and Nothing But the Truth. Media Influence on Litigation.

February 14, 2008

Most of us take for granted that what we see in the media is fairly accurate, factual and the truth. But how much of the truth are we really getting? Remember the the hot coffee lawsuit? Stella Liebeck of Albuquerque, NM, sued McDonalds in 1992 when her coffee that she placed in her lap spilled,…

Change vs. More of the Same

September 14, 2006

Autumn in Colorado – it’s a beautiful season. The weather is mild, the leaves are changing, and political ads are on the air (and in our mailboxes).

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