Just 1 in 5 medical malpractice cases end in settlements or judgments for patients, study says

 

Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades.

But while doctors and their insurers may be winning most of these challenges, that’s still a lot of fighting. Each year about 1 in 14 doctors is the target of a claim, and most physicians and virtually every surgeon will face at least one in their careers, the study found.

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Reuters: Fired first-year lawyer sues New York firm for $77 million!

Lawyer files a lawsuit against his former firm…

A first-year attorney at a New York law firm who was fired after boasting about his “superior legal mind” and angering his colleagues has filed a $77 million lawsuit against his former employer.

Gregory Berry, a former first-year associate at Kasowitz Benson Torres & Friedman, accused the firm of unethical behavior and lying about its work culture in a lawsuit filed on Monday in Manhattan state Supreme Court.

Read more from Reuters

Malpractice Update-Peninsula Hospital Closing

The news that the Peninsula Hospital in Far Rockaway is closing is all too familiar.

New York is facing an unprecedented medical liability crisis and the cost of insurance continues to outpace all other measures. New Yorkers pay more than $130 million annually in taxes to subsidize the cost of malpractice insurance, yet the premiums paid by doctors and hospitals remains astronomically high when compared to other states. Doctors in some parts of New York pay upwards of $200,000 per year in premiums and some health care providers cannot get coverage at all.  This increases our cost of health care and our ability to access it.

Governor Cuomo included a cap on non-economic damages in his 2011 budget, which would have helped control costs and begin to lessen the burden on health care providers and taxpayers but the cap did not make it through the legislature.

We must pressure the legislature to pass the cap before there are no hospitals left.

View the full Queens Tribune letter to the editor,  (third letter down) written by LRANY’s executive director, Tom Stebbins.

New York Post-Thanks for the doctors, New York

 

Texas attorney Joseph M. Nixon’s piece in the New York Post this week tells the story of two New York doctors who fled New York’s horrendous legal climate for doctor-friendly Texas, where medical liability rates are much lower.  New York taxpayers paid to educate and train these doctors, but New York law forced them to practice somewhere else.

Since 2003, medical liability rates in New York have increased more than 60 percent; in Texas, they’ve dropped by 54 percent.  According to the Texas Medical Board records,  since September 2003, when Texas voters approved the Proposition 12 medical-liability reforms 1,271 New York physicians have begun practicing in Texas.

New York needs these medical-liability reforms before ALL of our doctors leave the state!

 

 

Minivan-drownings suit could cost taxpayers plenty

We as New Yorkers were devastated when we heard the tragic news that LaShanda Armstrong killed herself and three of her four children on April 12 when she drove her minivan into the Hudson River.

But New Yorkers should be outraged at the recent news that LaShanda’s estranged boyfriend, Jean Pierre, is suing both the City of Newburgh and Orange County for $40 million each. Ms. Armstrong’s death and the death of her children were a horrific tragedy and a devastating loss, but they should not be an opportunity for a lawsuit.

 

Once again, strong support for LRANY can be seen in the comments section.

Read more of this op-ed written by our Executive Director Tom Stebbins in the Poughkeepsie Journal.

Pay for Lawsuits Before They’ve Been Filed?

The proposal by state comptroller Thomas DiNapoli to set up a lawsuit slush fund paid for by fees from gas drillers shows how backward New York’s legal system really is.  To ask businesses to pay for lawsuits that do not exist is to pour blood in the water and invite trial attorneys to file lawsuits against the fund.

Mr. DiNapoli asserts that preventing accidents is the “first priority,” but this fund will not make drill sites safer, indeed, if businesses have to pay for damages whether or not an accident has occurred, the fund may have the opposite effect and once again stand in the way of economic development.

Letter to the Editor, Comments Show Broad Support for LRANY

Last week, LRANY’s Executive Director Tom Stebbins’ letter to the editor was picked up in papers across New York, from Westchester to Buffalo.  This week, two responses have run and both show broad support for LRANY’s position.  One, from the president of the Trial Lawyers Association, is not surprisingly negative, but the comment section reveals that most people favor the reforms presented by our Executive Director.  The other from Carole Schubert of Owego strongly endorses LRANY’s position.

This widespread support for fairness and common sense is a positive sign for New York State and will continue to grow with your help!

‘Lawsuit lottery’ must be limited

The recent Washington County home explosion which killed five is being investigated but not just by the proper authorities but also by a local law firm looking, on behalf of the victims’ families, for someone to sue.  Surely, if there was negligence or wrongdoing in this instance, someone should be held accountable the victims compensation but when a law firm is doing the investigation, can we really trust that their findings will be that objective?

Click here to read a letter to the editor in the Albany Times Union written by our Executive Director, Tom Stebbins.

New York’s litigation-friendly laws hurt business

Most everyone would agree that Gov. Andrew Cuomo has been uniquely successful in getting his agenda passed through a Legislature that was completely dysfunctional not too long ago.

So, what’s next? Reforming New York’s antiquated and stifling legal system has wide support and would provide millions in economic development at no cost to the state. By enacting lawsuit reform the government will stimulate the economy and save money, since municipalities are often the target of lawsuit abuse.

Read more of this op-ed written by our Executive Director Tom Stebbins here.

Injustice the Film — Tonight at 10:00pm

Tonight at 10:0pm EDT on the Reelz channel, don’t miss “Injustice” a film about greed and corruption in America’s lawsuit industry.

Visit the website for more information.