DJP Update 3-22-2010 MORE BAD NEWS! Georgia Supreme Ct rules medical awards cap unconstitutional
http://www.insurancejournal.com/news/southeast/2010/03/22/108346.htm
Insurance Journal
Georgia Supreme Court Rules Medical Awards Cap Unconstitutional
March 22, 2010
EXCERPT:
The Georgia Supreme Court has struck a cap on medical malpractice awards imposed in 2005 as part of a package of legislative tort reforms.
The state’s high court said the law limiting noneconomic damages in medical malpractice cases violates the constitutional right to a trial by jury.
The decision applies retroactively.
The court acknowledged that its ruling might be at odds with those in other states but commented that those decisions are governed by “less comprehensive constitutional jury trial provisions.”
All seven justices concurred in whole or in part with the decision, which was written by Chief Justice Carol Hunstein…
(Go to link above for entire article)
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Soon there will be lack of access to care in many states because of rulings like this and action by Congress yesterday. The trial attorneys get rich on contingency fees of 33 1/3 to 50% of the awards and patients lose access to care in their hour of need. Looks like Texas will have to hire more folks at the Board of Medical Examiners to process applications for doctors moving there just as they did after they passed the outstanding cap law in 2003 AND changed the constitution of Texas with Proposition 12 so that the constitution of Texas states caps on non-economic awards are permitted. That ends the debate. The Federal Constitution doesn’t limit awards. The problems always arise in the state constitutions.
Imagine if ALL doctor organizations had said, “WE WON”T SUPPORT ANY SO CALLED “HEALTH SYSTEM REFORM” IN CONGRESS WITHOUT PROVEN MEDICAL LIABILITY REFORM! AND THAT IS JUST THE STARTING DEMAND.” Doctors are being used by politicians. When will organized Medicine learn!
I am in San Antonio, Texas to speak to the American Association of Plastic Surgeons at their annual meeting. I will speak on medical liability reform as a part of ideal health system reform. This Georgia decision will cause me to make sure I don’t forget to take my blood pressure medicine.
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Meanwhile, the world of tweets is going wild with comments about the health system bill passed in Congress last night. Governor Bobby Jindal of Louisiana is active with tweets today and I retweeted them:
http://twitter.com/djpNEWS
RT @JindalNews GovJindal Urges AG to Join Fight Against Unconstit HealthCare Mandates-Says State Will Opt Out o…http://twurl.nl/w4vgyz
22 minutes ago via Echofon
RT @BobbyJindal Nationalhealthcare bill bad for LA & bad for America. Huge overreach..potentially unconstitutional http://twurl.cc/2cqr
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AMA tweets too and here is one today where AMA retweets an article that explains why the doctors “like the Obama Health Care Bill”.
AmerMedicalAssn RT @USNews: The Obama health care bill explained: Why the doctors like it. http://bit.ly/bSGs3V
Here is an excerpt from that article:
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This enthusiastic diagnosis of the healthcare bill comes from the American Medical Association. Now, I have been a national political reporter for over 20 years, for most of that time in Washington. And I can tell you this: If the AMA endorses a healthcare bill, you can rest assured that the legislation is not some left-wing radical ploy that will crater the healthcare system and send us down the road to communism. The doctors like their tee-off times; have fought liberal proposals for national health insurance for 60 years, and most recently played a role in torpedoing Hillary-care during the Clinton years. They are a powerful lobby, and played a key role in writing this bill. So did those other “socialists,” the drug companies. And that commie front for left-wing seniors, AARP.
You may not like the bill for other reasons–if you are a business owner and don’t want to have to provide health insurance to your employees, or a rich family that doesn’t like the tax on your Wall Street returns–but whatever it is, Obama-care ain’t socialism. In fact, the nation’s doctors say it is good medicine.
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I think I have entered an alternative universe. Why isn’t AMA sending out messages like The Heritage letter about the bill. At least, why is not the AMA pointing out what Heritage had to say about the bill so we can get balanced reporting. Read The Heritage Foundation comments at:
http://blog.heritage.org/2010/03/22/morning-bell-repeal/
Here is an excerpt:
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Instead of empowering families and individuals to make their own choices, Obamacare empowers the bureaucracy to make those decisions for them. It is this unelected bureaucracy, unanswerable to the electorate, that will determine the content of health benefits packages, including medical treatment and procedures, and how much will be paid for those services. Yesterday’s legislation brings us one step closer to fully government-run medicine, with expanded government power over the financing and delivery of medical services that is sure to ration care in the name of cost control.
You will hear the left say this new entitlement will be popular with the American people. Do not believe them for a second. Yes, 32 million people will gain the theoretical right to health insurance. But over half of that coverage comes from placing at least 16 million more Americans into Medicaid, an unpopular and overextended welfare program that already rations care.
Americans will not stand for it. The American love for liberty prevailed in our founding, and will prevail once again.
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The only hope now is to defeat the reconciliation bill in the Senate and then ask President Obama to veto the Senate bill on his desk and start over. If the reconciliation bill fails, all of the special deals will remain in the Senate bill and the Public will demand a veto! Finally, remember only the doctors can do the high-tech operations. The family of Medicine needs all of the doctors, including the skilled specialist who do miracles every day removing tumors, aneurysyms, transplanting organs, and more!
Now comments are coming out of Senators’ offices about the reconciliation vote. Here is one that I retweeted:
DJPNEWS: Via @rollcall RT @DavidMDrucker: Sen. Ben Nelson a “no” vote on#HCR reconciliation.
I must end this note and meditate. Rome is burning.
Stay well.
Donald
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Donald J. Palmisano, MD, JD
Intrepid Resources® / The Medical Risk Manager Company
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