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Take Two Aspirins and Don’t Call Me in the Morning.


We’d like to welcome you to this month’s issue of the Lawyers Stink E-mail Newsletter. We’re glad you can join us today as we discuss a problem that is having a profound effect on each of us living in this country. That problem is the ever increasing number of frivolous lawsuits directed at America’s health care system.

Frivolously filed lawsuits against members of the health care field are nothing new. As a matter of fact, doctors have been targets of ambulance chasing lawyers for decades. Lawyers have long viewed the medical profession as the proverbial pot of gold at the end of the rainbow. Lawyers suing doctors, hospitals, insurance companies and health related organizations is now considered just another day at the office in the medical profession.

But with litigation crazed personal injury lawyers now actively soliciting one and all to join in their unrelenting parade of medical malpractice lawsuits, health care related litigation has grown to epidemic proportions. Patients are now beginning to really feel the pinch of medical lawsuit abuse.

In some areas of the country, most notably in certain areas of California, Texas, Mississippi, Nevada, Pennsylvania and West Virginia, medical care is becoming increasingly hard to find and emergency care is becoming almost nonexistent. The reason is simple – and scary. A tidal wave of medical malpractice lawsuits, the vast majority of which are frivolous in nature, have doctors in these areas running for cover. The exponential growth of health care related litigation is having a direct impact on both the availability and affordability of medical care.

In some areas, such as south Texas for example, many patients are faced with the prospects of traveling dozens if not hundreds of miles to find suitable health care. Because of an ever increasing flood of malpractice lawsuits and skyrocketing medical malpractice insurance premiums in south Texas cities, a direct derivative of excessive frivolous litigation, scores of doctors have been either moving to less litigious regions of the state or simply hanging up their stethoscopes.

Look, we can all agree right here that there are some bad doctors out there. There’s no question about it. These quacks who take advantage of their patients deserve to get what’s coming to them. If foaming at the mouth lawyers sue the tar out of these swindlers, then so be it. But that’s not the problem we’re addressing here, regardless of what the self serving personal injury hacks tell us. There are a lot of good doctors who are getting pummeled with lawyers and lawsuits and that is a problem that threatens the core of the health care industry.

The consequences of rampant civil litigation, which has the medical field by the throat, are alarmingly evident. The Dallas Morning News has reported that over fifty percent of all Texas physicians had claims filed against them in the last year. Personal injury lawyers will quickly defend this litigation explosion, saying each and every one of these lawsuits were filed on merit alone. Come on, that’s crazy – but that’s lawyers for you.

Not surprisingly, this frenetic feeding frenzy fueled by avaricious lawyers looking to hit the lawsuit lottery has set off a predictably negative chain reaction throughout Texas’ entire health care industry. But Texas lawyers haven’t come close to cornering the market on frivolous health care litigation. Lawyers all across America are jumping on the medical lawsuit carousel with both feet (and both greedy hands as well).

The costs of medical malpractice insurance coverage, if the doctors can find a carrier willing to underwrite the risk, has soared through the roof. And that’s true even for doctors who have not had a claim filed against them. The insurance underwriters readily recognize the inherent risk of insuring even the best of the very best doctors – because it’s only a matter of time before that doctor gets waylaid with a lawsuit as well.

Certain high risk specialties, which carry with them an unacceptably high risk of lawsuit exposure, have seen doctors leaving in droves. And when doctors leave the area or retire from the profession, patients are sent scrambling trying to locate a new health care provider.

Health care insurance companies, with their deep pockets, are a favorite target of the personal injury and class action lawyers. Lucky them. But with each frivolous claim filed, the insurers are forced to pass the costs of defending and settling frivolous lawsuits on down to the insurer’s customers.

Drug companies, who manufacture prescription medicine for millions of Americans, must allocate an inordinately large portion of their budgets to defend themselves against a flurry of nonstop litigation. This of course results in increased prescription costs for the insurance companies and patients alike.

Do the money grubbing lawyers, who bring thousands upon thousands of medical malpractice and related lawsuits every day of the week, give a rat’s rump about the debilitating effects of medical lawsuit abuse on the health care industry? Pu-leeeeeeeeze. In 1995, Texas lawmakers passed civil lawsuit reform that led to an abbreviated decline in malpractice lawsuits. But the personal injury lawyers quickly regrouped and carefully devised schemes to skillfully circumvent the legislation. Today, these reforms don’t even pose a hindrance to the personal injury crowd as they continue to sue the health care industry ragged.

Personal injury lawyers have gotten better at finding the best courts in which to file their frivolous lawsuits. By seeking the best venues for litigation, the personal injury lawyers significantly enhance the potential for a hefty payoff. This distinct advantage results in insurance companies regularly settling these nuisance claims - which invariably results in more frivolous lawsuits being filed.

What do you suppose are the consequences of all of these lawsuits? Frivolous lawsuits hamper access to affordable health care. Frivolous lawsuits continue to drive health care costs up at an exponential clip. Frivolous lawsuits cause doctors to spend more time and resources defending themselves against these senseless lawsuits; thereby allowing less time and resources to be devoted to their patients. Does any of this matter to the sleazy, cheesy lawyers bilking and bamboozling the health care field? Not a chance.

Patients are ultimately the real victims in this high stakes game of lawsuit poker. In the end, they pay more and more money for less and less care. Medical lawsuit abuse doesn’t just clog our courts around the country, it is jeopardizing our entire health care industry. The clock is ticking and the pile of lawsuits are mounting. Something needs to be done to prevent wanton abuse of the legal system by quick buck con artists (also known as money grubbing lawyers) who recklessly pillage and plunder of our health care system for their own financial gain. Meaningful reform, not just window dressing, is needed to curb and curtail medical lawsuit abuse by lawyers and help control the costs of health care that’s spiraling out of sight.

Lawyers, on the other hand, like the system just the way it is. They just want us to take our medicine and quit our bellyaching. After all, they reason, this isn’t really a matter of life or death.

Oh really?

As always, we wish you a lawyer free day!

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Thanks for reading this issue of the Lawyers Stink E-mail Newsletter and we’ll see you next month. As always, we welcome your comments and suggestions about our newsletter.

 

 



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