May 7, 2015
For more than a decade this unconstitutional activity has been going on without any breaks. It is about time that the parts of the Patriot Act be given a thorough review by the lawmakers–some of whom voted for it in the first place without really reviewing it. This is a positive news!
A federal appeals court in New York on Thursday ruled that the once-secret National Security Agency program that is systematically collecting Americans’ phone records in bulk is illegal. The decision comes as a fight in Congress is intensifying over whether to end and replace the program, or to extend it.
In a 97-page ruling, a three-judge panel for the United States Court of Appeals for the Second Circuit held that a provision of the USA Patriot Act permitting the Federal Bureau of Investigation to collect business records deemed relevant to a counterterrorism investigation cannot be legitimately interpreted to permit the systematic bulk collection of domestic calling records.
The ruling was certain to increase the tension that has been building in Congress because the provision of the Patriot Act that has been cited to justify the bulk data collection program will expire in June unless lawmakers pass a bill to extend it.
March 2, 2015
Most of us who practice tort law on the victim’s side have been saying this for years only to be faced with deaf politician ears who, on behalf of their deep pocketed masters, continued to spew the myth of Tort Reform. It is time to face reality and stop actively hurting the victims of medical negligence and instead focus on ways by which to reduce the numbers of medical malpractice cases by providing incentives to medical providers to engage in safe and negligent free medical treatment.
The second greatest trick may be the insurance industry’s success in getting more than half the states to implement “tort reform.” That achievement was based on the promise that restricting victims’ ability to bring medical malpractice suits would improve healthcare and reduce its cost. Those myths have now been completely dispelled.
The last bubble to burst was that because doctors are fearful of getting sued, they practice “defensive medicine,” prescribing unnecessary and costly tests and procedures. That myth was dispatched by the recent publication of a major study in the New England Journal of Medicine. A team of five doctors and public health experts found that tort reform measures passed in three states – specifically designed to insulate emergency room doctors from lawsuits — did nothing to reduce the number of expensive tests and procedures those ER doctors prescribed.
This latest study follows numerous others that deflated other tort reform myths: that making it harder for victims to file medical malpractice lawsuits would reduce the number of “frivolous” suits that “clog the courts;” that imposing caps on the damages victims could receive would reign in “out of control” juries that were awarding lottery-size sums to plaintiffs; and that malpractice insurance premiums would fall, thereby reversing a doctor shortage caused by specialists “fleeing the profession.”
September 22, 2014
The idea that Tort Reform was going to have any effect on the cost of American Health Care system has been shown time and time again to be nothing but a myth. Tort Reform has been, and continues to be an effort to prevent victims of medical negligence to seek reasonable compensation for their injuries and the cost of dealing with those injuries in the past, present and more importantly the future. It stands to reason that the Insurance Industry gains but limiting recoveries and even reducing verdicts–never mind that a verdict in favor of a plaintiff is by definition evidence that the case just tried was not frivolous!–after a jury has deliberated on the evidence presented.
Tort reform,” which is usually billed as the answer to “frivolous malpractice lawsuits,” has been a central plank in the Republican program for healthcare reform for decades.
The notion has lived on despite copious evidence that that the so-called defensive medicine practiced by doctors merely to stave off lawsuits accounts for, at best, 2% to 3% of U.S. healthcare costs. As for “frivolous lawsuits,” they’re a problem that exists mostly in the minds of conservatives and the medical establishment.
A new study led by Michael B. Rothberg of the Cleveland Clinic and published in the Journal of the American Medical Association aimed to measure how much defensive medicine there is, really, and how much it costs. The researchers’ conclusion is that defensive medicine accounts for about 2.9% of healthcare spending. In other words, out of the estimated $2.7-trillion U.S. healthcare bill, defensive medicine accounts for $78 billion.
As Aaron Carroll observes at the AcademyHealth blog, $78 billion is “not chump change … but it’s still a very small component of overall health care spending.” Any “tort reform” stringent enough to make that go away would likely create other costs, such as a rise in medical mistakes generated by the elimination of the oversight exercised by the court system.
Since it doesn’t appear that “tort reform” would have any effect on this spending, Carroll says, “there seems little reason to pursue it as a means to dramatically reduce health care spending in the United States.”
December 10, 2009
This is amazing! More and more we scrutiize the idea of Tort Reform as the answer to all ills, more and more we find out that the Notion is simply based on lies at worst and miss-information at best! Why don’t we hear about this on CNN? Read on…
“A few weeks ago the Congressional Budget Office released an analysis that said tort reform would save the federal government $54 billion over ten years. That sounds like a great argument for tort reform. But if you read the analysis more carefully, you see the picture is not so simple. For example, on page 4 of the analysis you can find this little bombshell:
“CBO’s estimate takes into account the fact that because many states have already implemented some of the changes in the package, a significant fraction of the potential cost savings has already been realized.“
The fact is, more than half of the states already have “reformed” tort. The CBO is saying that federal tort reform would not give us an additional $54 billion in savings. Rather, we’re already enjoying a significant fraction of the $54 billion in savings because tort is already “reformed” in most states.
Wait, you didn’t notice that health care costs are dropping because of state tort reforms? That’s because they aren’t.”