Dallas medical malpractice lawyer-Amy K. Witherite-says legislative caps only benefits Texas doctors!

Dallas Dallas medical malpractice lawyer specializing in personal injury – Attorney Amy K-cites national study-doctors save at patient’s expense.

Dallas, TX(JusticeNewsFlash.com)–The Dallas Morning News columnist, Jim Landers, released an article, on Tuesday, which sheds light, on the truth, about medical malpractice premiums for Texas doctors and Texas tort reform backed by the Texas Medical Association (TMA). According to the Dartmouth Institute for Health Policy, since the Texas legislature passed into law in 2003, a medical malpractice damages cap of $250,000, Medicare spending in Texas has risen 24 percent in 2003 to 2006. This is shockingly opposite to what Texas Republican Representative, from Flower Mound, Michael Burgess, argued in Washington since 2002. He continues to proclaim a $250,000 cap on pain and suffering damages to compensate patients injured by a doctor’s or surgeon’s medical malpractice, would improve the national outlook for medical spending.

University of Alabama researchers proved otherwise when they studied this statement, along with one constant argument by medical doctors and surgeons throughout the country. The medical profession has consistently whined and cried to lawmakers that the huge medical malpractice insurance premiums, doctors are required to pay, to defend themselves, causes huge increases in health care costs to American consumers. Doctors say if their medical malpractice premiums were reduced then patient’s would pay less for desperately need medical care. The Alabama college reviewed material related to malpractice insurance, defensive medicine, and consumer health insurance premiums, in 27 states with limits on non-economic damages, including Texas. The higher learning institution concluded, and published, in the December 2008 issue of Health Sciences Review, “Tort reforms have not led to health care cost savings for consumers.”

What we, as civil trial attorneys, who fight for the rights of wronged consumers already know, several national institutions have proven in recent research studies. Since voters amended the Texas Constitution in 2003 and placed a cap on medical malpractice lawsuits, doctor’s insurance premiums have fallen more than 30 percent on average. The Texas Medical Association proudly asserts this fact and further proclaims, because of their effective lobbying, thousands of doctors have moved to the state to care for the sick and injured.

A Washington based consumer advocacy group, Families USA, says consumer health care insurance premiums, in Texas, increased 86.8 percent from 2000 through 2007. The average Texas family went from spending $6,638 per year to $12,403 per year for health care coverage. Texas corporations and individual business owners are footing most of this tab, keeping employees and consumers in the dark, until they find themselves needing their own individual policies. When Texas workers are faced with buying their own insurance policies because of a job loss or change, the spot light on the financial horror is blinding.

N. Alex Winslow, Executive Director for Texas Watch www.texaswatch.org, a non-partisan, advocacy organization working to improve consumer and insurance protections for Texas families asserts, “ With a straight face, insurance companies told Texans that they would see lower health care expenses if they just signed away their legal rights. Well, here we are six years later and health care expenses continue to rise. Texans pay more of their earnings to pay for health care than ever before. The notion that so-called tort “reform” lower health care costs is a farce.”

With the average increase in Texas wages up only 15 percent from 2000 to 2007, health insurance premiums increasing 86.8 percent during the same period, and medicare costs sky rocketing, many Texans are finding themselves unemployed, uncovered, and untreated. Congratulations to the doctors…we are happy you are saving money, earning more income, living better, and still highly unaccountable for your negligent actions when injuring innocent patients.

Media Contact: Dallas Medical Malpractice Lawyer Amy K. Witherite
Practice areas: Medical Malpractice Lawsuits
Amy Witherite. Eberstein & Witherite, LLP. 3100 Monticello Avenue, Suite 500. Dallas, TX 75205 – Toll Free: (888) 407-6669

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About the Author Justice Seeker

Heather L. Ryan, R.N., C.L.N.C- Heather Ryan is a Certified Legal Nurse Consultant with 15 years of experience in the health care industry. Her expertise in reviewing medical records and assisting lawyers with the determination as to whether legal action should be taken provides an invaluable asset to the newsroom. Medical-malpractice, products liability, personal injury and workers’ compensation are some of the recent areas of litigation Ms. Ryan has focused her efforts on. A member of the Florida Justice Association, Heather maintains a long list of certifications and credentials to support her areas of expertise and stays up-to-date with her clinical knowledge working as an emergency room/trauma nurse, at a Level 1, Adult/Pediatric trauma and teaching institution in South Florida.