Oklahoma City Personal Injury Lawyer - About Tort Reform

Oklahoman Tort Reform Article

Jeremy Thurman — Mon, 24 Mar 2008 11:07:48 GMT

About this time of year, the Daily Disappointment, aka The Oklahoman begans issuing editorials as instructed by their bosses at the State Chamber. If you think I'm kidding about who Ed Kelly's bosses are, I'm not, he does the Chamber's bidding. Now in their titled "Aces Low: Trial Lawyers Overplay Their Hand," the Oklahoman editorial staff in only what can be called a propaganda scheme that Goebbels himself would be proud of, goes into a diatribe about two supposed national Plaintiff's lawyers who were found guilty of crimes. He then somehow parlays that into a discussion on the tort tax.

Here is a sample of this shameful bit of reporting: "The joker's on us in this tale of high crimes and misdealings. According to one admittedly biased source, the tort system costs the U.S. economy $865 billion per year, for an annual "tort tax" of $9,827 for a family of four. Even at just one-fourth that listed amount, we're being dunned $615 apiece per year to support the lavish lifestyles of Scruggs, Weiss and a full deck of other usual suspects.

Before he antes up further resistance to reasonable tort reform in Oklahoma, Gov. Brad Henry ought to consider that the real beneficiaries of the tort tax aren't the little people he seeks to protect from damage caps but the Dickie Scruggs of the world."

Now here is my response!

Tell me why the Oklahoman decides to cite two non-Oklahoman lawyers for their crimes as a basis to justify tort reform to Governor Henry. Somehow they lump all of us good, Christian, hard working men and women in with two lawyers who committed crimes. Then the last paragraph links us to Eliot Spitzer and his prostitution problem.

What kind of propaganda is being spewed by this rag? How can the Oklahoman justify comparing me and my friends, who work hard to gain access to the Courthouse for our clients, have families and children, serve in many civic and philanthropic capacities to two attorneys who committed crimes?

In stark contrast you hear no echos of Worldcom, Enron, Pharmaceuticals, Ford Pintos et al. that trials lawyers throughout the years have gone up against to make this world a little safer for all us. You hear nothing of their groups malfeasence. Neither do you hear anything from doctors who cut the wrong limb off, operated while doing narcotics et al.

See the Oklahoman is unequivally biased in their reporting on this subject. They speak of a tort tax and in the same breadth admit it comes from a bias source. How can you justify your position on a subject on a biased source. You not they didn't anything in their paper when the American Medical Association ranked Oklahoma as one of the top 5 doctor friendly states in the U.S.

Originally posted at InjuryBoard by Jeremy Thurman

Nurse Infects Patients and Keeps Practicing

Jeremy Thurman — Fri, 21 Mar 2008 23:18:28 GMT

The following reported by Yahoo is just another scary incident where the medical profession has failed to police itself. With all the talk of tort reform et al, this gives me the biggest evidence against such. Doctors and medical professionals routinely fail to police themselves leaving on us medical malpractice lawyers to do such. I have seen simliar circumstances of coverup, lies and continuing medical care being provided by bad doctors whom are known as bad doctors and medical professionals. Yet nothing is done except to cover-up the wake of malpractice they leave in their footsteps.

At least 15 military service members or their relatives are believed to have been infected with hepatitis by a nurse suspected of stealing their painkillers during surgery.

The nurse, retired Army captain Jon Dale Jones, was arrested this month in Miami on federal charges of assaulting three of those patients and possession of a controlled substance by fraud.

The outbreak -- and the nearly three-year-long criminal investigation that followed -- apparently did not prevent Jones from continuing to work as nurse in Texas and at least two other states and Washington, D.C.

Originally posted at InjuryBoard by Jeremy Thurman

A Lawyers Utopia - My Rant Against Tort Reform

Jeremy Thurman — Sat, 08 Mar 2008 01:21:08 GMT

I was discussing tort reform with a friend today and I heard my favorite term, Jackpot Justice. Of course I convinced my friend of the error of his ways and the utter fallacy of the tort reform movement. However, I got to thinking, what is Jackpot Justice. I better add a disclaimer, after reading this, this is truly a late night rant against the rhetoric of politicians.

Now understand one thing, I have a sarcastic sense of humor. So my first thought was where is this Jackpot Justice in Oklahoma. I mean, someone please tell me where this "shakedown" is occurring of poor innocent broke insurance companies. I have decided that I really need to find this lawyers utopia where every frivolous case nets a million dollar verdict and insurance attorneys never churn a file to reach their billing goals. Where is this fairytale land where computers systems by insurance companies don't tell my clients that they can't be injured seriously because their car only has a $1000.00 in damage.

If someone could please guide me to this utopia, I would greatly appreciate it. I would immediately go and knock on doors and file case after case in search of that Jackpot.

Oh and while I am at it. Can someone please tell me where in Oklahoma I can go file my auto accident cases that I will get paid. Please tell me. Because in my years of practice I have yet to see this utopia. I have yet to see an insurance company pay on meritorious claims without a fight, much less frivolous ones.

I beginning to believe this utopia is more like a Fairytopia. See Fairytopia is where Barbie and the twelve dancing princes play and live in their enchanted world. Now I know your asking, where the heck did that come. Well here's my secret, I'm the father of three girls and have seen it over 10 times and have participated in the dancing. I've been the prince. (FYI, if you're a dad, listen to the new Steven Curtis Chapman song: Cinderella, it will hit you hard about your baby girls).

Oh wait, you mean me, the ugly trial lawyer has a family? You mean I actually spend time with my precious children? You mean I actually serve in a leadership position in my church? These things couldn't be could they? Surely those are just a spin on my life, see I'm just an ugly trial lawyer taking advantage of billion dollar insurance companies. Those poor souls, bless their hearts, they only want to pay the injured. They would never intentionally devalue a claim.

Now that I've said the above, the rant can truly start. Shame on politicians who sell me their so called morals. Who come to my house proclaiming morality. Shame on these politicians who would do what Isaiah 10 states" Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches? Nothing will remain but to cringe among the captives or fall among the slain. Yet for all this, his anger is not turned away, his hand is still upraised."

Yes, I went their I quoted scripture. I'm tired of being lied by politicians on tort reform. I'm tired of telling me they believe the injustice of it but promised the doctors whom make up 1% of their district but donated 99% of their campaign funds that they would vote for it. I'm tired of sending politicians up to the capitol to make foolish laws to benefit whatever special interest they choose.

Therefore, I propose a moratorium on the writing of laws. These so called politicians should only be allowed to go up and vote on the state's budget. Then, every five years they can have a session to introduce new laws. Ok, maybe that's a little overboard, but do we really need laws when the ones we have had around over 200 years have done pretty well. Go figure, maybe we can stop these politicians from having lobbyists write the bills while we are at it.

So if your reading this understand. I have morals. I want to tell you the truth. I don't care if your liberal, conservative or independent, you should be against tort reform because it does just what Abraham Lincoln warned against when he stated: "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. As a result of the war, corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong
its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. I feel at this moment more anxiety for the safety of my country than ever before, even in the midst of war. God grant that my suspicions may prove groundless."

Wasn't honest Abe a republican? Geez, how far honesty has fallen. How have we delved so far from respecting humanity over corporate entities.

Originally posted at InjuryBoard by Jeremy Thurman

American Fidelity to pay $10.8M

Jeremy Thurman — Mon, 04 Feb 2008 10:55:59 GMT

An Oklahoma jury ordered American Fidelity to pay $10.8 million for improperly reducing the benefit owed to the mother of a policy holder who died. Dolores Metzger claimed the company improperly changed its policy for paying "actual charges" for limited benefit health insurance policies, such as the cancer policy purchased by Metzger's son. Before 1994, American Fidelity paid whatever the patient was billed. In 1994, American Fidelity began paying only the often-discounted amount that health care providers charged insurance companies.

The company, in court documents, admitted that it changed its definition of "actual charges" in 1994. But American Fidelity denied that it violated Oklahoma law or public policy or that it acted in bad faith.

This is the standard MO for insurance companies, they have no heart to do the right thing. Whether is your uninsured motorists coverage from an auto wreck, health insurance et. al., you can never, and I repeat never count on an insurance company to do anything other than what benefits there bottom line.

To read the Oklahoman article, who is unabashadly pro-tort reform, just remind yourself that this is the equivalent to Jeffrey Dahmner's attorney saying he was innocent. Its just representation. I will warn you, this article is written in a pro-tort reform stance with little credence given to the suffering parents and what the award was based on.

http://newsok.com/article/3199995/1201928888

Originally posted at InjuryBoard by Jeremy Thurman

Fisher Invokes Fifth Amendment over 40 Times

Jeremy Thurman — Tue, 29 Jan 2008 09:48:50 GMT

The Daily Oklahoman
January 29, 2008
By Don Mecoy
Business Writer

Imprisoned former state Insurance Commissioner Carroll Fisher invoked the Fifth Amendment more than 40 times during a civil trial Monday in federal court to avoid answering questions about his relationship with American Fidelity Assurance Co.

"I respectfully decline to answer that question, sir," Fisher said repeatedly, claiming his constitutional right to avoid incriminating himself. Fisher was subpoenaed to testify in a trial prompted by an Oklahoma City woman's lawsuit challenging American Fidelity's payments for a cancer policy purchased by her late son.

Fisher's attorney failed to quash the subpoena, and defense attorneys unsuccessfully argued that Fisher's unresponsive testimony would be irrelevant.

Fisher, citing the Fifth Amendment, refused to answer questions about the lawsuit or American Fidelity during a sworn deposition in April.

Fisher was insurance commissioner nearly six years before resigning in September 2004. He was sentenced to a three-year prison term after his conviction for embezzling $1,000 of his state campaign funds and lying on a contributions report.

Fisher, dressed in dark gray pants and a light gray shirt, was accompanied by a federal marshal when he arrived in court. Fisher swore an oath, identified himself and then refused to answer any questions during his 20 minutes on the witness stand.

American Fidelity spokesman Brent Gooden declined to comment on the case, citing an order from U.S. District Judge Vicki Miles-LaGrange who is presiding over the civil trial.

Plaintiff's attorney Tony Gould asked Fisher why he wrote a letter challenging American Fidelity's new policy regarding "actual damages" soon after taking office, but later issued a letter approving the change. Gould asked Fisher if he accepted "any money or form of inducement in exchange for writing" the second letter.

Fisher refused to answer the questions.
Defense attorneys, through their questioning, noted that as many as 100 individuals and companies contributed to a Fisher fundraiser.

Fisher also declined to answer defense questions.
Dolores Metzger's lawsuit against American Fidelity claims company directors changed the company's policy in 1994 on how it pays for claims on limited benefit health insurance policies, such as the cancer policy purchased by Metzger's son.

Metzger was the beneficiary of the cancer policy.
Before the change, the company paid whatever the patient was billed, the lawsuit states. After the change, the company issued benefits based on the often discounted amounts that health care providers charged insurance companies, the lawsuit claims.

Michael Metzger bought a cancer benefit policy from American Fidelity in 1992.
He was diagnosed with cancer in November 2004 and died Jan. 4, 2005.
The company, in its filing, admits that before 1994 it paid certain covered claims based upon a provider's original billed charge without consideration of discounts. American Fidelity also agrees that since 1994, it has paid actual charges benefits on its cancer policies based on the amount a provider accepts as full payment.

But American Fidelity in its filing denies the lawsuit's characterizations that it violated Oklahoma law or public policy or that it acted in bad faith.

Originally posted at InjuryBoard by Jeremy Thurman

Oklahoma's Senate Leader Admits To Having No Proof of Frivilous Suits

Jeremy Thurman — Mon, 14 Jan 2008 14:48:30 GMT

With another legislative session beginning I have promised myself to not post an article against tort reform, or as I like to call it corporate and insurance immunity everday. However, in looking at the Oklahoma Gazette, I have to point something out about the Republican Co-Speaker Glen Coffee and his never ending quest for tort reform to benefit his biggest donors, corporations et. al.

In a time of mass communication where numbers and studies are conducted ad nauseam in partisan fashion on tort reform, our illustrious Republican Senate Leader can't give one single bit of evidence for the need of corporate immunity. In fact, in an interview with the Oklahoma Gazette, Senator Coffee states that he can only offer "anecdotal" reasons. Then he goes on to say that just because no one is coming forward in the business community et al, does not mean abuse is not happening. Am I the only one stunned by this. Well I will simply say this, I will take my factual evidence of insurance companies abusing individuals in automobile, trucking, medical malpractice, nursing home abuse et al. over his "anecdotal" evidence of some systematic lawsuit abuse.

I often wonder if even Senator Coffee believes the garbage that he is spewing out on this subject, or is he sitting behind closed doors laughing at everyone buying into his lies about tort reform? If only the Republican party in Oklahoma would quit worrying about funding elections through donations of Oklahoma's corporations and rich doctors, and instead worry about writing legislation that might actually help an individual with a real first and last name.

Below is a link to the Oklahoma Gazette article.

http://www.okgazette.com/p/12776/a/1547/Default.aspx?ReturnUrl=LwBEAGUAZgBhAHUAbAB0AC4AYQBzAHAAeAAslashAHAAPQAxADIANwAyADkA

Originally posted at InjuryBoard by Jeremy Thurman

Is The Truth That Hard To See

Jeremy Thurman — Mon, 12 Nov 2007 09:18:35 GMT

As I was perusing the internet this weekend I ventured over and read a couple of blogs from local personality types along with various local news organizations. A couple of these blogs were from right wing pundits in our local media and couples were from left-wing pundits. In reading the right wing local pundits I saw where the blogger was lauding an Oklahoman State Senator for her ethics about tort reform while steadfastly alleging she was the only democrat who would dare stand out against tort reform. I reading such, I thought to myself: "are these people so ill advised about tort reform or are they simply a bunch of liars."

After much heartfelt soul searching, I would like to think those politicians who so eloquently speak of their Christian credentials in political advertisements would not simply lie to the public. However, after knowing a few of these politicians I know that is not the case. Sadly, several of our elected officials in Oklahoma have decided to simply lie to the public at the behest of the rich and powerful chamber of commerce and local doctors. The truth is nowhere to be found on the subject of tort reform and they have got local bloggers, newspaper editors et al. believing their lies. I believe somewhere accountability must come into play and these dirt politicians be called into account for their actions. Its not a republican or democrat thing, its an honesty thing. Maybe that's simple thinking from someone born and bred it Oklahoma, but the more I see the lies the more I believe republican or democrat alike, its time to stop lying to the public.

Originally posted at InjuryBoard by Jeremy Thurman

Oklahoma Governor Vetoes Draconian Tort Reform Bill

Jeremy Thurman — Tue, 01 May 2007 10:27:14 GMT

Abraham Lincoln once wrote to a colleague that "I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. . . . Corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed."

Thanks to Governor Henry's veto, Oklahoma citizens have avoided a draconian like bill that would have sold the collective rights of individuals to the highest bidder. Obviously, the governor was under immense pressure from the richest people of this state, Corporations and doctors. However, he stood tall and strong and did the right thing.

The right thing, what a novel concept, it seems to have been totally forgotten by the Oklahoma Republican Party and those pundits who so eloquently, but albeit falsely portray a crisis in this state involving the tort system. Shame on you Republicans, I as a conservative can no longer have any trust in any propaganda that is spewed from you mouth.

What is even more humorous is the gross misinformation coming from Republicans in a fashion that would make any good marketing or propaganda minister jealous. For instance, Senate Republican Leader Glen Coffee made this eloquent remark: "The governor missed a grand opportunity to send a message to the nation that Oklahoma is pro-jobs, pro-doctor, and pro-business," Coffee continued. "Instead, he sent a message that millionaire trial lawyers are still running the show." Senator I have just one question for you, is it better that the governor send a message to the nation that he is pro-citizens, pro-retired persons, pro-children, pro-stay at home mothers, pro-family, pro-fire fighters, pro-consumers than pro-profit making entities who seek these reforms to only further their profit margin while not passing any savings on to the consumer (look at other state's who have enacted reform and you'll see that these things do not happen.) Further, I'm tired of the same old rhetoric about the million dollar trial lawyers. Frankly, I must be missing something as I do not have my millions. What Propaganda minister Coffee is failing to tell you is that Oklahoma trial lawyers have much lower median income than Oklahoma Doctors, CEOs, and certainly lower than the Republican politicians.

Onto more misinformation, this time from Republican Leader (I'm not sure following is being a leader but I digress) Lance Cargill who stated: "It is ridiculous for the governor to claim he is trying to protect businesses. Business owners know the truth, and they wanted this reform." No Lance, its truly ridiculous that you would imply that this bill was trying to protect business. It was designed not to protect, but to immunize. He sought not to limit frivolous suits but to limit all suits. As governor Henry correctly opined, the bill was about limiting damages rather than eliminating frivolous suits. If frivolous suits are to be eliminated, they should be eliminated on the front end before businesses spend money defending them. Further, the propaganda from Lance continued: "though it's difficult to assign a specific dollar number, economic experts say the veto is likely to have far-reaching harmful implications for Oklahoma, a statement from Speaker Lance Cargill's House claims." Well Lance, the reason its difficult to assign a specific dollar amount about harmful implications for Oklahoma is because there are no harmful implications. This is just rhetoric designed to scare, we all know that you can't find an expert that isn't paid in full by the corporations and insurance industry.

Next I'll give a few quotes from our business community. Oklahoma's State Chamber reacted to the governor's veto with dismay: "Even though small business owners and large Oklahoma corporate citizens came together in their effort to communicate the importance of his signing of the lawsuit reform elements he himself called for, the plain fact is that he chose to listen to his trial lawyer friends," said Mike Seney, senior vice president of operations for The State Chamber. Well Mike, he didn't listen to trial lawyers, he listened to his heart and chose normal everyday Oklahoman's over a conglomerate of businesses that have funded this propaganda and lie in hope of padding their bottom line at the expense of Oklahomans rights to civil justice.

I could go on about the businesses and their statements, but I'll leave it at this, tort reform does nothing more than short everyday Oklahomans of their ability to have access to the courthouse. For instance, "according to the Federation of Medical Boards, Oklahoma moved to 4th per capita for number of doctors in 2005. This is up from 6th per capita in 2005. PLICO, which insures most Oklahoma doctors, states that "We're doing fine said Carl T. Hook, M.D., President of PLICO. The first six months of this year we have a net income of 21 Million, which will be applied to the company's reserves. Carl T. Hook, M.D., Journal Record, July 26th, 2005. "Over the last year or so, Hook said he has seen a trend toward more reasonable jury awards, which he attributed to the public education provided by extensive media coverage of lawsuit reform issues. Carl T. Hook, M.D., Journal Record, July 26th, 2005." "By the end of 2005, PLICO had actually seen a 36% reduction from the previous two years in defense and settlement cost. This allowed PLICO to outperform projected expectations by 39%." "In December 31, 2005, PLICO had the lowest number of open claims since the early to mid 1980s." Darrin McKelvey, Director of Marketing at PLICO, PLICO Newsletter, 1st Quarter, 2006. "The average loss payments per case fell 49% from 2003 to 2005. The pending number of claims has also been significantly reduced from 2004 to 2005 by 35%." Sam Glover, Esquire and Assistant Claims Manager at PLICO. PLICO Newsletter, 4th Quarter, 2005. In its Rate Survey issue, October, 2006, Medical Liability Monitor found that Oklahoma still has lower medical malpractice rates than Missouri, Kansas, New Mexico, Colorado and Texas. Medical Liability Monitor, October 2006, Vol. 31, No. 10. In 2006, PLICO did not raise its rates and the other two carriers dropped their rates on some coverages and on others had a modest increase (one in which still put them as lower than the other two providers.) Medical Liability Monitor, Rate Survey Issue, October 2006, Vol. 31, No 10."

Nationally caps on non-economic damages will not lower malpractice premiums for doctors who are the highest wage earners in Oklahoma. The two largest insurers of doctors in the country stated before Congress or state legislatures, there is no correlation between caps and rates; rates will not go down. The Congressional Budget Office, General Accounting Office, Columbia University, University of Texas, and the University of Illinois studied caps and their effect on rates and all concluded there is no correlation. Over the past 10 years, malpractice rates rose 12 percent higher in states with caps than without. Insurers have deceived doctors into believing tort reform will provide relief. The truth is: insurance companies are using litigation as an excuse to raise rates. Litigation impacts their rates by less than 2 percent. Where does the money go? AIG, one of the two largest malpractice insurers, raised rates 60 percent in the last three years. In the first two years, its profits went from $326 million to $1.84 billion. The third year, they rose to $10 billion. The Wall Street Journal stated mismanaged pricing and accounting practices are the reason for malpractice premium increases, not claims. Claims actually decreased 1 percent over the last 10 years. According to the U.S. Department of Labor, the highest paying occupations in America are doctors. The highest percentage of gross pay for malpractice coverage is 12.4 percent. The lowest is 1.8 percent."

From the above, I found that tort reform won't help doctors. The evidence is there from 30 states. Doctors and the public have been misled.

Obviously the Oklahoma Republican Party (don't confuse them with conservatives as I am a conservative and want no association with this party), Big Business, Big Insurance, and Big Oil's so-called tort reform bill, was a grotesque attempt to destroy Oklahoma's Civil Justice System.

Contrary to Coffee and Cargill's commentary, this bill, which originated in the Senate, was rushed through the Oklahoma House of Representatives wherein only republican-authored amendments were considered. House Democrat amendments were pushed aside for partisan reasons. In effect, this bill was amended to include dozens of broad-sweeping and unimaginable changes to our civil justice system which strongly favor the interests of negligent tortfeasors and their insurance companies. In the Senate, the bill was introduced for an up or down vote, wherein all 24 Republican Senators voted for the bill despite the fact that many of these Republican Senators acknowledged serious problems with the bill as written. The Republican Senators were joined in their vote for the bill by Senator Paddock, the wife of a physician and PLICO board member.

Truth is, their was no negotiations before this bill came before the governor. Republicans don't want a fair bill that preserves the rights of citizens while helping to curtail the few frivolous lawsuits that make it beyond a judge's dismissal. They want a bill the governor will veto. Why? Simple, they are going to come to you doctors and Oklahoma businessmen and women asking for more money next year, then the next, then the next. They purposefully put this bill knowing it would be vetoed and knowing it's a bad bill.

I am not going to go through and discredit the numerous unconstitutional, overbroad, and prejudicial aspects of this bill, as I am sure many others most likely have. Instead, I want to point out the hypocrisy behind the passage of this bill from the Oklahoma Republican party and its elected officials.

I spent much of the past few weeks at the Capitol discussing this bill and its effects with numerous Senators, including many Republican Senators. What I gleaned from these conversations truly troubles me. Many of the Republican Senators I discussed the bill with admitted that the bill was problematic and that they did not agree with many of the provisions of such, but informed me that they would be voting for the bill nonetheless. Therefore, these elected officials admitted that, despite the fact that they knew that many of the provisions contained in the bill are overbroad, unconstitutional, and would negatively affect the rights of Oklahomans and your constituents, they would vote for the bill because they had received their marching orders from party leadership and because the biggest donors to their campaigns and prospective reelections had ordered them to. These Republican Senators admitted that their party and political aspirations are more important to them than the rights of their constituents to have fair and balanced access to justice in the Court of Law and admitted that politics are more important than people.

I appreciated these Republican Senators' honesty in admitting to the people of Oklahoma that the directives of their party's leadership, and from the rich and powerful who funded their campaigns, trump their well-known duties to represent the people who elected them.

Due to the undisputed prejudicial and self-serving motive behind the passage of this bill by the Oklahoma Republican party and the obvious cruel and hurtful effect passage of such a bill would have on the citizens of Oklahoma, in order to further horde money in the pocketbooks of big business, big insurance and the medical profession, and, in turn, the Oklahoma Republican party, I am thankful that the Governor vetoed this horrible and disgraceful bill.

Originally posted at InjuryBoard by Jeremy Thurman

SB 507 Immunity for Doctors

Jeremy Thurman — Mon, 16 Apr 2007 23:56:33 GMT

SB 507 will be heard by the Oklahoma Senate this week. Is a comprehensive tort reform bill that shuts the courthouse doors for injured. Call your state senator, this bill is bad for medical malpractice cases.

Originally posted at InjuryBoard by Jeremy Thurman

Don't be fooled by the Oklahoman's Tort Reform Editorial

Jacob Diesselhorst — Wed, 04 Apr 2007 11:22:56 GMT

Don't be fooled by the Oklahoman's Tort Reform Editorial from April Fool's Day, aimed to further distort the facts regarding Oklahoma 's Civil Justice System. Cited is a study from the Pacific Research Institute, a right-wing mouthpiece which also trumpets that global warming is a hoax and that the war in Iraq is a gleaming success. Instead of rhetoric, let's talk facts.

According to the Oklahoma Supreme Court, medical malpractice lawsuits are down 60% since July 2003, in our eight largest counties. PLICO, the largest insurer of physicians in Oklahoma , saw a 36% reduction in costs in 2005 and a dramatic reduction in claims. In fact, PLICO had a net income of $21 million the first 6 months of 2006 and did not raise its rates. Most importantly, Oklahoma medical malpractice premiums are lower than 5 neighboring states, including Texas , which has already implemented sweeping pro-business tort reforms. Further, payouts of lawsuits are, on average, less than 1% of personal health care expenditures in Oklahoma .

So whose rights do you support? The rights of Oklahomans to have a jury of Oklahomans award damages on a case-by-case basis? Or the rights of big insurance/big business to lobby laws limiting damages in all cases and slamming the courthouse door shut for Oklahomans? Tort reform equals more profits for insurance, at the expense of individual rights.

Originally posted at InjuryBoard by Jacob Diesselhorst