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Lawsuits Archives

Tort Reform Reduces Healthcare Innovation

Studies have shown that there is a direct correlation between tort reform and a reduction in the advancement of medical technology. The study in "Tort Reform and Innovation" found that patents for new technology and procedures had decreased by nearly 14%, after any given state passes medical malpractice reforms that limit damages wrongfully injured patients can pursue. In other words, the more protections from financial liability medical providers are given, the less financial incentive there is to make medical procedures safer.

What is Wrong with Mandatory Arbitration

The news story surrounding former FOX News anchor, Gretchen Carlson, has gone viral. She is attempting to sue her former boss and FOX News chairman, Roger Ailes, for sexual harassment. Her case was filed in state court in New York. However, attorneys for Ailes claim that Carlson must abide by an arbitration agreement, which was in her employment contract. Therefore, Carlson may not have a right to a trial by jury.

What "Caps on Damages" Means to Real People

The "Tort Reform" movement often tries to limit the recovery of injured people by putting "caps on damages." Texas is full of "tort reformers," and thus a good example of what unintended consequences happen when caps on "pain and suffering" are passed. Back in 2003, the citizens of Texas were told by the insurance industry and the state Chamber of Commerce that "frivolous lawsuits" supposedly threatened their access to healthcare. Doctors and hospitals were going to go out of business if something wasn't done to stop all the lawsuits, and the only way to do that was to get rid of consumer protections in their state Constitution. Proposition 12 was proposed and passed as the solution to this so-called crisis. It changed the law in Texas and put a $250,000 cap on non-economic damages, or "pain and suffering," in medical malpractice cases. It sounded reasonable to the voters. That is, until malpractice happened to them.

Concussions, Football and O.J. Simpson - What We All Need to Know about Head Injuries

I just saw the movie, Concussion. It is the story of Dr. Bennet Omalu, and his discovery of the terrible disease called chronic traumatic encephalopathy (CTE), a degenerative brain disease in retired NFL players. CTE is caused by repetitive head injuries by a buildup of proteins, called tau, in the brain. This disease can occur in all high impact sports, not just football. However, the release of the movie Concussion has brought the issue, as well as Dr. Omalu, to center stage. Symptoms of CTE include memory loss, confusion, impaired judgment, impulse control problems, aggression, depression, and, eventually, progressive dementia.

Water Crisis in Flint, Michigan

A state of emergency exists for the city of Flint, Michigan because for nearly two years, people have been drinking, bathing in, washing their clothes and cooking with a water supply that is polluted by lead. And, their government is 100% to blame. How is it that a city of roughly 100,000 people ended up with an undrinkable water supply? In short, the financial crash of 2008 caused an already weakened Flint to nearly collapse, resulting the Michigan state government taking over. In an effort to save money, the Michigan Governor and his staff chose to temporarily move the main water supply for Flint from Lake Huron to the Flint River. They knew that the river was polluted and corrosive, requiring the water to be treated daily with an anti-corrosive agent to be used for human consumption. The cost would be roughly $100 per day. Officials chose not treat the river water, and made the switch without further testing.

Water Crisis in Flint, Michigan

A state of emergency exists for the city of Flint, Michigan because for nearly two years, people have been drinking, bathing in, washing their clothes and cooking with a water supply that is polluted by lead. And, their government is 100% to blame. How is it that a city of roughly 100,000 people ended up with an undrinkable water supply? In short, the financial crash of 2008 caused an already weakened Flint to nearly collapse, resulting the Michigan state government taking over. In an effort to save money, the Michigan Governor and his staff chose to temporarily move the main water supply for Flint from Lake Huron to the Flint River. They knew that the river was polluted and corrosive, requiring the water to be treated daily with an anti-corrosive agent to be used for human consumption. The cost would be roughly $100 per day. Officials chose not treat the river water, and made the switch without further testing.

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