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Archive for April 2009

Dallas Morning News: Malpractice Caps Not Reducing Health Costs

Today’s Dallas Morning News ran a story that looked at whether the cost of health care has declined since the adoption of Texas’s medical malpractice caps.  The evidence concludes that the caps aren’t reducing health care costs for consumers. Six years after the caps were passed, the doctors have enjoyed lower insurance rates (though rates…

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Who Knew We Were Responsible For Pirates?

As trial lawyers, we’ve been blamed for a lot of stuff over the last ten years, but today brought a new one. Today, conservative columnist Jonah Goldberg wrote an editorial blaming the “pirate problem” on lawyers. But not just any type of lawyers. Goldberg would never miss the chance to slam us, trial lawyers. Goldberg…

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Study Finds Texas Medical Malpractice Reforms Are Discriminatory

In 2003, the Texas legislature adopted sweeping medical malpractice reforms, including putting a cap on the amount of non-economic damages that plaintiffs could recover. Up unitl now, we’ve had a lot of anecdotal evidence that the caps were unfair, but earlier this week, four law professors (including three from the University of Texas school of…

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Trial Lawyers Doing Good

For the last decade, trial lawyers have been the victims of one of the most successful marketing campaigns ever. Those of us that choose to represent victims of others’ carelessness have been portrayed as sharks, snakes, or worse. It seems that “trial lawyer” is now close to a cuss word. But trial lawyers do an…

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The New York Times Tells The Story Behind "Independent" Medical Exams

A big issue in personal injury litigation is insurance companies’ use of hired guns to give opinions that our clients aren’t hurt. Sometimes the hired guns simply review our clients’ medical records and sometimes the hired guns actually “examine” our clients. Then the hired guns write reports saying that our clients aren’t injured. Insurance companies…

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