Prop 12

The trial lawyers and liberals can talk about the theory of 'letting the jury decide' all day long, but the problem already exists. The system is broken. Doctors are paying exhorbitant insurance rates. Juries are failing us miserably, and we can not afford to let this matter go on principal when it is our healthcare that is at stake.
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Here is an article from noted economist Ray Perryman (and fellow Rice Owl) on the topic.

A fair and balanced judicial process that treats all parties equitably is a prerequisite for a stable and prosperous society. The Texas Legislature recently passed a significant lawsuit reform measure that, once fully implemented, will transform Texas from a state with one of the nation's worst reputations as a "litigation lottery" to one with a model mechanism for the proper adjudication of legitimate disputes. An analysis by my firm indicates that this measure would (conservatively) add $36.1 billion per year to the Texas economy and create over 240,000 permanent jobs.

One significant element of the new system is a cap on the level of noneconomic damages in medical liability cases. To ensure that this provision meets constitutional muster, it is included on the ballot as Proposition 12 in the upcoming September election. Because a lot of folks make a lot of money by gaming the current system, this item is generating a heated public relations campaign. I would like to strip away the emotional appeals from both sides and provide a few important and prudent facts.


There is a widely propagated myth that the measure prevents patients with legitimate injuries from being fully compensated. That assertion is just plain wrong. Nothing has changed in the ability to achieve full compensation for medical expenses, lost wages, ongoing care, and even interest. Proposition 12 deals with a different issue: the arbitrary amount that can be added on top of real damage. Such non-economic damage awards have quadrupled in the past decade and now comprise two-thirds of the total awarded.

A problem with the current system is that, because of the prospect of outlandish jury awards, an excessive number of frivolous lawsuits are filed as attorneys and plaintiffs find it worth their time to take a chance on a big judgment. About 85 percent of all cases are unsuccessful (no harm is found), yet each one costs tens of thousands of dollars (at a minimum) to defend. The result is that the risk of practicing medicine has dramatically increased, malpractice insurance rates have skyrocketed, and the number of medical liability insurance carriers currently in the Texas market has fallen from 17 to four in just three years. Doctors and hospitals have become less likely to offer risky (but important) services, and many practitioners have even left the profession (or at least the state).

The Texas Department of Insurance indicates that significant reductions in malpractice rates will occur if limits on noneconomic damages are put in place. In addition, a recent federal study indicates that, after adjusting for other factors, states with such lawsuit limits have 12 percent more physicians per capita than those without such protection. When all is said and done, we all pay more and get less in the way of health care because of the current situation. About half of all states now have lawsuit limits, and those proposed in Texas are fair and the result of outstanding legislative work involving extensive input from all points of view and widespread, bipartisan support. The critical change outlined in Proposition 12 is a matter of basic economics and basic finance; voting for it is basic common sense. We can ill afford to do otherwise.

M. Ray Perryman, Ph.D., is president and chief executive officer of The Perryman Group. He also serves as Institute Distinguished rofessor of Economic Theory and Method at the International nstitute for Advanced Studies.

 

Texas has traditionally been a state VERY concerned with protecting liberties...the jury system is given more respect in this state than many others. I think that's a good thing...and no, I'm not a plaintiff's attorney who gets rich off big jury returns.

I think an independent judiciary and the jury system are essential. That whole separation of powers thing the Founders thought so important really limits my willingness to vote anything other than NO this weekend.

 

I'm definitely voting no. I'd consider this prop more seriously if we had a situation like in Mississippi where it's turned into a joke but I've seen nothing to indicate we have that kind of problem.

Also, it just boggles my mind how anyone with a conservative ideology would vote for this. This is nothing more than conservatism turned on it's head by a bunch of scheming Republicans in Austin.

 

I think there should be a cap of $5 million or $7.5 million -- something that would be punitive, fair to the victim and low enough to keep medical insurance costs from skyrocketing. The cap I favor is on the attorney's fees -- 15% should be more than fair if they win and nothing if they lose. That would cut down on the ambulance chasing -- lawyers wouldn't invest time unless they really thought the case had merit.

Oh, doctors who lose one case should receive a reprimand or censure from the A.M.A. and revocation of license on the second loss.

Of course, I'm so old fashioned I think all charities by law should be limited to 15% of total donations for administrative purposes. The rest should go to the needy. If a charity exceeded the 15% law, they would lose the non-tax status and contributors could not count their donations as non-taxable.

God Almighty only requires a small tithe -- 10% is recommended in our church.

 

Ray Perryman has been a shill for conservatives and business interests for over a decade. He's a shameless self-promoter, and an expert for hire.

They trotted him out to throw together one of his pseudo-scientific anal-yses which he pulls out of his azz. blah, blah, blah - it will mean 250,000 more jobs (or whatever).

5 years ago, he was all hot for dot coms. How's that working out for you?

Ray Perryman couldn't find his azz with both hands. He's an idiot. Check out this goober's photo.

http://www.perrymangroup.com/bio.html

 

Voting YES !!

Tort reform needs to happen.

Our litigious society has gotten out of hand.

DD

 

Just to debunk Friendly Fan's baseless and unsubstantiated attack on Ray Perryman, here is his biography for all to read. His expertise is unquestioned. Friendly Fan's ridiculous accusations and demagoguery are predictably ignorant.

Ray Perryman's bio:
Dr. Perryman is Founder and President of The Perryman Group (TPG), an economic financial analysis firm and headquartered in Waco, Texas. He is widely regarded as one of the world’s most influential and innovative economists. His complex modeling systems form a basis for corporate and governmental planning around the globe. His thousands of academic and trade articles and presentations span a wide variety of topics, gaining him international respect and acclaim. He has also authored several books, including Survive & Conquer, an account of the Texas economy during the turbulent 1980s, and The Measurement of Monetary Policy, a treatise on Federal Reserve activity. A popular speaker, he addresses hundreds of audiences throughout the world every year.

Among Dr. Perryman’s numerous awards are (1) the Nation’s Outstanding Young Economist and Social Scientist, (2) the Outstanding Young Person in the World in the Field of Business and Economic Innovation, (3) one of the Ten Outstanding Young Persons in the World, and (4) the Outstanding Texas Leader of 1990.

During his more than 20 years of experience, he has been presented citations for his efforts from both the Congress of the United States and the Texas Legislature. He has been honored by (1) the Democracy Foundation for his role in promoting capitalism in mainland China, (2) the Asia and World Institute for his efforts to encourage international academic exchange, and (3) the Systems Research Foundation for his contributions to the field of economic modeling. He is a Fellow of the International Institute for Advanced Studies and recently received the Institute’s prestigious Lifetime Achievement Award.

Dr. Perryman authors The Perryman Economic Forecast, a subscription service detailing projections of state business activity, and The Perryman Report, a newsletter with forecasts, insights, and commentary on state, national, and international economic activity. He is the editorial advisor to The Perryman Texas Letter, a monthly synopsis of economic, social, and political events. Dr. Perryman also writes a weekly syndicated column, The Economist, and hosts a daily syndicated radio commentary on economic affairs, "The Perryman Report."

A former research chair-holder, University Professor, and Economist-in-Residence at Baylor University and Business Economist-in-Residence at Southern Methodist University, Dr. Perryman has pioneered the use of timely and reliable economic information for a spectrum of strategic purposes. His studies have played a role in the creation and retention of hundreds of thousands of jobs.

Cited by major media as "a world-class scholar" and "the most quoted man in Texas," Ray Perryman is an active participant in the state, national, and world economic scenes. He has been a member of dozens of state, federal, and international task forces, served as editor of both academic and trade journals, and led conferences within the fields of economics, statistics, forecasting, modeling, and simulation. A member of several corporate boards and advisor to numerous governmental leaders, Dr. Perryman has been honored by the Texas Legislature for his "tireless efforts in helping to build a better Texas."

 

I love how liberals on this board can't argue on the points of the issue, instead they resort to namecalling and personal attacks. Apparently the fact that this bill is supported by Republicans is enough to make it wrong, even if the FACTS show this could be very good for health insurance costs.

Do doctors support this because they are morons?

I haven't said that the Dems are beholden to special interests like the trial lawyer lobby, since that alone doesn't mean the law is wrong. But maybe we should EXPOSE this truth. After all, when do Democrats ever stand up to teacher's unions (vouchers), environmentalists (any oil drilling anywhere), minorities (welfare reform, driver's licenses for illegal immigrants), labor unions (corruption), feminists (partial- birth abortion), etc. etc. etc.

WHAT A JOKE.

 

In a rare cameo appearance (in which I break my word not to post here again), I would like to say that I am voting NO.

Carry on.

 

Prop 12 is a choice between the insurance lobby and the trial lawyers lobby, and on this one, I'm choosing the trial lawyers.

 

I was talking to my friend at the Attorney Generals office about this issue. He said the problem with Prop 12 is how they are selling it. They are trying to sell it to you by focusing on medical malpratice lawsuits but the way the law is written, it will give the legislature the power to limit any lawsuit.

For instance if your company doesn't follow safety regulations to cut costs and you get injured because of it, you can only sue them for 250K above your economic damages. What is 250K to a big company. Nothing! Or how about if a car manufacturer builds cars that blow up and you lose a leg, you may only sue for $250K above your medical bills and loss wages. $250K is not much for a lost leg, don't you agree.

I believe there should be tort reform but prop 12 is not the answer.

 

Prop 12 steals the power of poor people, who have no other proper defense against big business.

I am no fan of trial lawyers, but in a system that is full of abuse, I will opt for abusive juries over abusive government and/or abusive big business ANY day.

 

The decision here is whose side do you support?

Doctors, who have labored in medical school and residency programs in an effort to provide healthcare to your family

vs.


Trial Lawyers, such as the Texas Hammer, Jim Adler, whose Mercedes you see tailing ambulances back to Ben Taub.

If you support Doctors, then vote YES on Prop 12

If you support the viewers of Jerry Springer who hire Jim Adler to win them the litigation lottery, vote no on Prop 12.

 

That's a convenient way of putting it, but it's doctors who really want it.

 

Every Vote makes a difference.

We can only vote once.






Who would like to buy a vote?


The only comercials I've heard about Prop 12 was about the boy falling off his tree, and his head is cracked. And his mom called 911 and needed to take him to the hospital, but the hospital doesn't have the thing for it. So they had to call life flight.

That is the one I heard.

 

I'm voting NO as is my wife.

 

trader heath

nice job of cutting and pasting the GUY's MARKETING SITE


FAIR AND BALANCED reporting

 

Mr. Clutch,

we know why doctors support it, it makes their insurance costs lower. That's neither here nor there in this debate. If a business fights an environmental regulation that makes the cost of its operations higher, or you going to trust them to inform you on that policy.

Also I doubt the city with the world's premire medical center is going to see a mass defection of doctors.

 

Last week I attended a Dinner in which Debbie Riddle, the House Rep. for my area in NW Houston explained why she wished for us to vote yes on Prop 12.

Courts Must have Limitations and Juries must decide on an issue within a constraint. When an individual is convicted of jaywalking by jury, the jury cannot sentence him to death, but instead there is a range of penalties that can be decided on.

Prop 12 does not limit the expenses incurred by an individual but limits the 'pain and suffering' at $250,000. The idea that we can determine an individuals pain and suffering is ludicrous. We cannot expect Judges to throw suits out of court because they recieve their money to run for their next election from the trial lawyers. The less they restrict, the more funding they get which leads to a loss to society.

I feel the larger problem is the unwillingness of individuals to return to the basic policies of working hard for what you have versus depending on others (i.e. the Government) or lawsuits to bring riches.

There was a Poll of Individuals who Felt they Would become millionaires in their lifetime and the order from highest to lowest of how they would achieve that goal is as follows:

Winning the Lottery
Suing Someone
Running a Business

All I thought was WTF??? Is this the society that we have? One that doesn't equate hard work with success. We have become so infected by the mentality that we are not even responsible for our own actions. People are now going after Fast-food restaurants because they're fatasses??

Take some responsibility for your action!

There are many very true lawsuits that do take place and that negligence must be punished financially. But the system is simply pushing all to sue for no reason. Do I think that this is the best answer? No. Do I think its the one that can help the system temporarily. Yes.