Keep Frivolous Lawsuits in Check

Posted in: Circle C
Here's why you should vote YES on Proposition 12:

1. It will place limits on ''hard-to-quantify'' non-economic damages. These account for more than 65% of jury verdicts in healthcare liability cases

2. It does not impact economic damages, which cover medical expenses and lost income.

3. It will keep medical care affordable and accessible for ALL TEXANS.

4. In states without non-economic damage caps, doctors pay higher rates for medical liability insurance, which is passed on to the patient in the form of higher medical bills.

5. Skyrocketing medical liability insurance costs have forced some doctors to close or cut back their practices, reducing available healthcare in MANY areas of Texas.

6. In other states, non-economic damage caps are proven to keep healthcare costs under control for both healthcare providers and for consumers (you and me).

7. The personal injury trial lawyers and various organizations that front for them already have begun their fundraising, advertising, and (MIS)information campaigns. It?’s estimated they will spend as much as $15 million before it?’s all over.

8. If you?’re FOR affordable and accessible health care, vote for Proposition 12 in September.

9. Opponents of Proposition 12 have obscured the picture and confused the public. It is a FICTION that only incompetent doctors are sued. If this were true, the Texas Valley must attract primarily incompetent physicians because the highest percentage of sued doctors practice in this area. The reality is that juries in this area have historically given large awards to patients. Many of these doctors are sued not because of incompetence, but because they happen to practice in a favorable location for large jury awards.

10. It is also a FICTION that medical liability suits drive bad doctors out of the profession. In fact, most lawsuits where there is significant malpractice rarely come to trial, but are usually settled out of court.

11. Another FICTION is that restricting non-economic rewards will prevent any significant monetary award to a patient in a medical liability lawsuit. Actually, pain and suffering losses cannot be measured quantitatively, so an unlimited and enormous compensation can be demanded at trial. These demands are often used to strong arm physicians into settlements.

12. The potential for enormous monetary awards presents a tempting opportunity for poorly based claims against a physician. More than 80 % of medical liability suits result in no award against physicians, but they must be defended by the insurance company, often costing up to $100,000, along with the emotional impact on the physician and his/her family.

13. Proposition 12 is about placing reasonable limitations on unmeasurable areas and holding malpractice insurance premiums and frivolous lawsuits in check. Proposition 12 is not about holding physicians less accountable or denying patients awards when malpractice may be proven.
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  • ls0909
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It is IMPORTANT to vote ''YES'' !


I just came back from Randall and feel wonderful after voting for Proposition 12. I am going to call all my sisters and sister-in-laws to do the same. I will also persuade them to contact their friends and neighbors to do that as well.

Even now your health insurance is paid by your employers; it might affect your pocket-books in the future. Your employers will eventually make you sharing the premium if the insurance keeps going up and up.

This Proposition 12 will affect all of us and our future health care system; it is just too important to ignore it. This is the only opportunity we ordinarily citizens can have a say to fix our future health system, and we would be foolish if we don?’t take advantage of it.

Vote **YES, YES, YES, YES, YES, YES**?…?…?…?…?…?…..!!!
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  • ls0909
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AnotherReason to vote for Pro.12


There is another logical reason why we should vote for Proposition 12:

Everyone needs health insurance and health care, even just for annual checkup.

But not many people in their lifetime have the opportunity to sue doctors and hospitals.

Think about that!
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  • sarge999
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Bulls**t

Here's why you should vote NO on Proposition 12:
FIRST AND FOREMOST, PROPOSITION 12 IS NOT LIMITED TO MEDICAL MALPRACTICE CASES!!!!!
Does anyone not see the irony in the fact that we entrust juries to impose the death penalty but not to impose damage awards. Essentially, they are qualified to kill someone but not fine them?!?!?!?!?!?

1. It will place limits on ''hard-to-quantify'' non-economic damages. These account for more than 65% of jury verdicts in healthcare liability cases
Why do we need a limit on damages that are hard to quantify? Isn't that what juries are for? Seeing that 98% of civil cases settle before a jury renders a verdict, isn't this statistic pretty much useless? And since medical malpractice cases only make up about 1/10th of all tort trials, why does proposition 12 include ''other actions?''

2. It does not impact economic damages, which cover medical expenses and lost income.
Translation: if you're a stay at home mom or dad, retired or a child, you're screwed. Not only if the doctor accidentally saws your leg off, but also if a drunk driver kills your spouse or an unsafe product takes away your eyesight.
3. It will keep medical care affordable and accessible for ALL TEXANS.
No it won't. In fact, between 1991 and 2002, malpractice insurance premiums in states with caps increased at a greater rate than states without caps. (http://www.weissratings.com/MedicalMalpractice.pdf) Morever, we heard this one back when tort reform was passed in the mid 1990's. Is your insurance any lower? Do consumer goods cost less? Is there ANYTHING in Austin that costs less now than it did in 1994? And of course, what does this have to do with ''OTHER ACTIONS?''

4. In states without non-economic damage caps, doctors pay higher rates for medical liability insurance, which is passed on to the patient in the form of higher medical bills.
No they don't. The lowest rates in the country are in states without caps. Minnesota's median premium in 2002 was $10,142. No caps there. Not only that, only 28% of your premium actually goes toward patient expenses. The other 72% goes toward administrative and related costs. And of course, this has nothing to do with caps in ''OTHER ACTIONS.''

5. Skyrocketing medical liability insurance costs have forced some doctors to close or cut back their practices, reducing available healthcare in MANY areas of Texas.

Oh yeah, it is just impossible to find a doctor in Texas. I pass dozens of them on the way to work every morning. And of course, this has nothing to do with caps in ''OTHER ACTIONS.''

6. In other states, non-economic damage caps are proven to keep healthcare costs under control for both healthcare providers and for consumers (you and me).
No they don't....see above....
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