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“Lawmakers said the number of malpractice suits and the dollar amounts awarded to plaintiffs have gone down, but insurance premiums for businesses and doctors have not.”

How could that be? I guess it has to do with insurance company investments as I talked about here: https://robertsfight.wordpress.com/2010/03/30/medical-malpractice-premiums/

 

http://www.wfmz.com/news/23237043/detail.html

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“Implants can fail for many reasons, but if only a small percentage of them fail prematurely because they are substandard, the costs to taxpayers, policyholders and patients can run into the tens of millions
of dollars each year, health care experts estimate.”

http://www.nytimes.com/2010/04/03/business/03ortho.html?adxnnl=1&adxnnlx=1270566061-ikygVfqn7J3U6IfSyHSixQ

An interesting article on tort reform in Missouri.

“More recently, a study by WellPoint, a large insurer, found that medical malpractice was “not a major driver of spending trends.”

“In the Kansas City area, 22 medical malpractice claims were filed last year, but only five resulted in plaintiffs’ verdicts, according to the Greater Kansas City Jury Verdict Service. In 2007, 19 claims were filed, and only five resulted in plaintiffs’ verdicts. In 2006, 23 claims were filed and just two resulted in plaintiffs’ verdicts.”

http://www.kansascity.com/2009/08/28/1412046_p2/would-tort-reform-make-a-difference.html

You get into your car and place your child in the back seat and wrap the seatbelt around your child. You wrap the seatbelt around you child in case you are involved in an accident. Unfortunately you are in an accident and in that moment in time the seatbelt fails, throwing your child through the window and killing him. This seat belt was required by Federal Law and had to meet minimum design standards.

You later discovered that this seat belt had a recall because of a 4% failure rate. You also learn that this seat belt had an earlier recall with a smaller subset of that model of seat belts.

Unfortunately you can not sue because of a Supreme Court ruling for pre-emption protecting the automobile industry from lawsuits. The Supreme Court argued that allowing fifty states to sue would be imposing fifty different requirements on the auto industry.

Sorry you are out of luck.

Do I hear this Texas congressman talking about states rights. I do not believe I see him on the list of co-signers of the Medical Device Act to overturn the Supreme Court ruling restricting states rights.