tort reform

Public Policy by Lawsuits --- No One Is Safe

Author: 
Miguel A. Faria, Jr., MD
Article Type: 
Editor's Corner
Issue: 
May/June 2000
Volume Number: 
5
Issue Number: 
3

In a 1993 two-part article at a height of the liability crisis, particularly with medical "malpractice" lawsuits,(1) I wrote that rampant litigation had become a malevolent trend threatening to unravel the fabric of society and individuals. The trend has recently cranked up to high gear as attorney-litigators have found yet new venues for enacting disruptive litigation. Thus, it's time we revisit this subject.

Medicine vs. Law: Medical Malpractice and Physician Countersuits

Author: 
Kyle S. McCammon, DO
Article Type: 
Feature Article
Issue: 
May/June 2000
Volume Number: 
5
Issue Number: 
3

The Health Care Problem

Tort Reform in Texas --- Opinion in Brief

Author: 
The Federalist
Article Type: 
Report from the States
Issue: 
Spring 2002
Volume Number: 
7
Issue Number: 
1

Armed with billions of dollars from settlements in the tobacco lawsuits and other big money cases, trial lawyers are seeking to discredit and take away many of the benefits of tort reforms adopted around the country in recent years. Fortunately, a new Texas study is providing facts to combat their campaign of disinformation.

The AMA, Medical Liability Tort Reform, and HMO Lawsuits

Author: 
Miguel A. Faria, Jr., MD
Article Type: 
Editor's Corner
Issue: 
Fall 2002
Volume Number: 
7
Issue Number: 
3

With the definite resurgence of the medical liability crisis, a recapitulation of the AMA's campaign for the implementation of tort reform in the last several years is in order to better understand where we have been and where we are headed in our struggle for meaningful and substantive medical liability ("malpractice") tort reform.

RE: Medical Liability Tort Reform: A Neurosurgeon's Perspective. The Author Replies

Journal/Website: 
Surgical Neurology
Article Type: 
Editorial
Published Date: 
Tuesday, June 1, 2004
Source: 
http://www.sciencedirect.com/science/article/pii/S0090301904001296

The old saying goes that if the flak gets heavy, you know you must be over the target! The heated responses of both Drs. Dunsker and Carmel to my article suggest we have actually scored a bull's eye and hit the target. Perhaps, tort reform itself will finally come into the cross hairs of enactment soon!

Medical Liability Tort Reform --- A Neurosurgeon's Perspective

Journal/Website: 
Surgical Neurology
Article Type: 
Editorial
Published Date: 
Monday, March 1, 2004
Source: 
http://www.sciencedirect.com/science/article/pii/S0090301903007912

While both the Patients' Bill of Rights legislation, allowing patients to sue HMOs in state court for unlimited damages, and tort reform, providing physicians judicial relief in medical liability, have stalled in the 107th Congress this year --- these intertwined problems of health care litigation will not disappear for long from the political landscape.

Public Policy by Lawsuits: U.S. Neurosurgeons Are Not Safe

Journal/Website: 
Surgical Neurology
Article Type: 
Editorial
Published Date: 
Saturday, June 1, 2002
Source: 
http://www.sciencedirect.com/science/article/pii/S0090301902007401

In the Fall 2001 issue of the AANS Bulletin, "A Profession at Risk---The Medical Liability Crisis," the editors brought forth the momentous issue of spiraling medical liability for neurosurgeons.

Indeed, neurosurgery has been a profession at risk for quite some time, and many American neurosurgeons are quitting early rather than becoming grist for the trial lawyers' mill. This medical liability problem is number one for U.S. neurosurgeons and the AANS, yet it's not so at all for the umbrella organization, the AMA, which politically claims to represent all physicians.

Patients' Bill of Rights or The Trial Lawyers' Bill of Delights

Journal/Website: 
Surgical Neurology
Article Type: 
Editorial
Published Date: 
Tuesday, April 1, 2003
Source: 
http://www.sciencedirect.com/science/article/pii/S0090301902010534

The proposed Patients' Bill of Rights is presently stalled in a congressional conference committee due to the tragic events of September 11, 2001. Despite its appellation, a misnomer, this legislation has nothing remotely to do with extending basic traditional rights of citizenship to Americans or of providing protections against medical rationing to patients.

Trials of an Expert Witness by Harold L. Klawans, MD

Journal/Website: 
Amazon.com
Article Type: 
Book Review
Published Date: 
Monday, May 1, 2000
Source: 
http://www.amazon.com/Trials-Expert-Witness-Harold-Klawans/product-reviews/1888799196/ref=sr_1_fkmr0_2_cm_cr_acr_pop_hist_all?ie=UTF8&showViewpoints=1&qid=1307114024&sr=1-2-fkmr0

If anyone is interested in reading about a physician (neurologist) who has learned the ropes of the court system and who entertains the reader with forensic medical tales, this is the book to read and savor. Although Dr. Klawans is a frequent medical expert witness for both sides of the versus, he does not hesitate to use the term "hired gun" for impartial medical experts and minces no words in describing the shortcomings of the tort system. In case after case, Dr.

Doctors and the Law by Hon. Hiller B. Zobel and Stephen N. Rous, MD

Journal/Website: 
Amazon.com
Article Type: 
Book Review
Published Date: 
Monday, May 1, 2000
Source: 
http://www.amazon.com/Doctors-Law-Defendants-Expert-Witnesses/product-reviews/0393332527/ref=sr_1_fkmr1_1_cm_cr_acr_txt?ie=UTF8&showViewpoints=1&qid=1307112630&sr=1-1-fkmr1

This book is a thinly-veiled attempt to defend the status quo of litigation-on-demand - "better the devil you know than the one you don't." Essentially, it advises physicians to accept the system and conform to the rigors of legal imposition when caught in the net of a medical lawsuit. It defends contingency fees, the system which allows the attorney-litigators to keep as much as 40% of the malpractice award and in the end leaves the injured plaintiffs with only 20-30% of the original award.

The AMA, Ethics and Gun Control (Part III)

Part III: AMA, Medical Liability and HMO Lawsuits
Journal/Website: 
NewsMax.com
Article Type: 
Article
Published Date: 
Monday, May 21, 2001
Source: 
http://archive.newsmax.com/archives/articles/2001/5/21/212441.shtml

In the early spring of 1995, the House of Representatives passed a bipartisan medical liability bill (tort reform) by a significant margin (247 to 171), despite a strong opposition by the trial lawyers. This legislation was a sweeping tort reform bill that would have gone a long way towards reforming medical "malpractice" and alleviating the adversarial and litigious climate in which physicians have been practicing medicine for the last three decades.



Rumors continue 60 years after Soviet dictator Joseph Stalin's death. Did he die as a result of a stroke or was he assassinated by a member or members of his inner circle?