A LAWREADER REPORT - TORT REFORM IN KENTUCKY - 

 "For the saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time." -Justice George Sutherland-    

Unlike the anecdotal claims of the Tort Reformers, this study is supported by an exhaustive amount of authorities including government reports, insurance industry statistics and admissions, studies by the American Medical Association, and the full text of laws affected.

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

A

POLITICIANS SHOULD REJECT PROPOSALS THAT REDUCE ACCOUNTABILITY FOR NEGLIGENCE Tort Reform will destroy incentive to reduce medical errors.

B

 ANDY BUSALD, RE: LETTER TO EDITOR REGARDING TORT REFORM

C

COURIER-JOURNAL STUDY REVEALS ONLY 6 CLAIMS A YEAR IN EXCESS OF $250,000  (If only six cases a year occur, why take away the rights of 4,000,000 Kentuckians?  How will care for those profoundly injured people without compensation after caps are imposed?)

THE REAL CALIFORNIA STORY - 13 YRS. OF CAPS SAW PREMIUMS GO UP 450% - INSURANCE REGULATION WAS THEN IMPOSED AND IT WORKS

D

 GOV. FLETCHER SPEAKS TO DOCTORS RALLY IN FRANKFORT - JAN. 5, 2004

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

E

F

Florida malpractice Amendments conflicted Florida voters pass three amendments, one to place caps, and two sponsored by lawyers...legislature and courts to decide effect of these amendments.

G

CONCLUSIONS OF THE GAO - General Accounting Office

H

THE HISTORY BEHIND THE TORT PROVISIONS OF THE 1891 CONSTITUTION The framers of the 1891 Constitution knew what they were doing in protecting the right to sue

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

I

SOLUTIONS THAT SHOULD BE TRIED BEFORE THE DRASTIC STEP OF AMENDING THE CONSTITUTION Do insurance companies, H.M.O.'s really need to be protected?

Kentucky Physician blows whistle on hugh health insurance company bonuses to executives. Bonuses for insurance executives By R. TED STEINBOCK, M.D.

THE INDIANA TORT REFORM LAW - SENATOR WILLIAMS LOVES THIS LAW AND WE BELIEVE THIS IS WHERE HE WANTS TO GO  Attorneys fees capped at l5%, no penalty for fraudulent concealment of malpractice to toll statute of limitations, cap on top of a cap...even limits medical expense recovery!  He held Indiana's law up for comparison four times in his Courier-Journal article.

J

K

COMMENTS OF KATA PRESIDENT CHARLES MOORE RE: TORT REFORM

 KATA ARTICLES - STUDY ON PREMIUMS GOING UP WHILE CLAIMS PAID GOES DOWN KATA ARTICLES REVEAL THEORY OF RIGHT WING ATTACK ON LEGAL PROFESSION BEHIND TORT REFORM, STUDIES SHOWING CLAIMS PAYMENT ARE GOING DOWN AS PREMIUMS CHARGED DOCTORS IS GOING UP.

L

 LOBBYISTS ADMIT - CAPS ON DAMAGES WON'T LOWER INSURANCE PREMIUMS!

Then why we must ask, are we being asked to give up constitutional rights enjoyed by Kentuckians for 113 years?  If this reform will not do what it claims, why do it?

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

M

 AMA STUDY SHOWS DECLINE IN MALPRACTICE PREMIUMS (2006)

 LATEST MALPRACTICE NEWS  C-J POLL SHOWS PUBLIC FAVORS CAPS, SEN. WILLIAMS OFFERS TO PASS HOUSE BILL IF HOUSE WILL PASS SENATE BILL (Beware of politicians bearing gifts!)

 MEDICAL LOBBYING EXPENDITURES FOR 2003

QUICK FACTS on MEDICAL MALPRACTICE ISSUES

AMERICAN MEDICAL ASSOCIATION ADMITS THAT MALPRACTICE COSTS 98,000 LIVES A YEAR IN U.S.  This report by the Journal of the Amer. Medical Assoc. frankly recognizes serious problems in the delivery of medical care in the U.S.

COSTS OF MEDICAL MALPRACTICE TO PATIENTS AND CONSUMER VS. THE COST TO DOCTORS  Up to 1,407 Preventable Deaths Due to Medical Errors Each Year in Ky.  Compare what malpractice costs society vs. the cost to the medical profession.

COMPARE GROWTH IN COSTS OF MEDICAL CARE VS. GROWTH OF MALPRACTICE INS. PREMIUMS  This shows that medical malpractice premiums are not growing as fast as costs of medical care.

SURVIVORS OF MED. MALPRACTICE SPEAK OUT Links to the personal stories of victims of medical malpractice by Public Citizen.

SEE WHAT U.S. NEWSPAPERS AND JOURNALS SAY ABOUT MED. MALPRACTICE

Sample:  " … what the current advocates desire is not real tort reform but to immunize powerful interests from the consequences of irresponsible civil behavior … But George Bush and his allies propose ill-advised tort reforms that would hurt innocent victims and are outrageously hypocritical."
--Wall Street Journal, Al Hunt’s Column, 3/6/03

 LATEST MALPRACTICE NEWS  C-J POLL SHOWS PUBLIC FAVORS CAPS, SEN. WILLIAMS OFFERS TO PASS HOUSE BILL IF HOUSE WILL PASS SENATE BILL (Beware of politicians bearing gifts!)

N

O

 "TORT REFORM" IN OHIO  While they want to limit a patient's right to sue for punitive damages, they do not limit the insurance company from full rights to seek punitive damages. They want to hide massive amounts of evidence from juries consideration. 'NOT ONE STUDY EXSISTS THAT SHOWS ONE BUSINESS WAS LOST DUE TO P.I. AWARDS."

 Ohio tort law debate: Reform or Restriction?

P

 NUMBER OF LICENSED KY. PHYSICIANS INCREASES IN 2006

 READ THE FULL PUBLIC CITIZEN REPORT

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

Q

R

"REPEAT OFFENDER" PHYSICIANS ARE RESPONSIBLE FOR THE BULK OF MED. MALPRACTICE COSTS  5% OF DOCTORS CAUSE 50% OF ALL MALPRACTICE COSTS. MEDICAL LICENSURE BOARDS DO LAX JOB REGULATING PROFESSION.

S

Senate Bill 1 & Tort Reform Movement - Questions we would like to see answered  Section 54 has protected the public for 113 years, why is it being attacked?

 SENATE BILL 1 - THE FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT  Broad enough to protect H.M.O's and insurance carriers who wrongful fail to settle, kills protection for wrongful death, allows limiting of statutes of limitation, limits damages from pain and suffering, and limits punitive damages.

 LRC SUMMARY OF HB 450 - subsitute for SB 1  This bill would provide for non-profit insurance company, regulation of ins. carriers, review committee for malpractice suits

SPENDING FOR LOBBYING EFFORTS BY TORT REFORM MOVEMENT FOR 2003  The Tort Reform proponents are the biggest spenders among all lobbyists.  They spent over $9000 per legislator in 2003 alone!

T

 REPORT OF PUBLIC CITIZEN - DISCUSSES EVERY TORT ISSUE W / AUTHORITIES This study is an exhaustive footnoted analysis of every issue. This is a must read resource.

U

V

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z

W

AN ANALYSIS OF SENATOR WILLIAMS ARGUMENT IN FAVOR OF TORT REFORM  See what he says, and see what is isn't saying! 

X

Y

Z

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S   T   U  V  W   X   W  Z