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What’s New In Tort “Reform”? Nothing,Unfortunately.

Posted by Andrew J. Barovick | Aug 12, 2012 | 0 Comments

Here is an update on Texas tort “reform,” which has gone too far , according to a local reporter. The state's appellate courts are overturning verdicts for plaintiffs, and otherwise going out of their way to protect the pocketbooks of corporations dear to state commerce, like Walmart.  And with the draconian caps that have been imposed, the most seriously injured citizens of the state cannot find a lawyer who can afford to take on their cases.

Patients' rights receive more respect in Missouri, where arbitrary caps on damages to victims of medical malpractice were recently struck down by that state's supreme court. A local plaintiff's lawyer explains the impact of the decision here .

In fact, one of most peristent fibs the tort “reform” movement uses to create hysteria around an imagined “medical malpractice crisis” is that without “reform,” there will be “runaway verdicts” giving undeserving plaintiffs “jackpot justice.”  Except things have not turned out that way.  The reality is that payouts have gone down.  That this is being reported by obgynnews  is particularly meaningful.  OB/GYNs have always been considered risky to insure by medical liability companies, because when they provide subpar care resulting in injuries to infants, those injuries are often not only devestating, but life long in duration.

Unfortunately for consumers, the true sources of increased health care costs are often the health insurance companies all of us depend on, who raise premiums based on nothing more than the rate by which they would like to profit.   Bloomberg reports on how Assurant made a name for itself doing exactly that.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.