The American system of justice was built on a concept of a jury by our peers judging our actions,
and holding those responsible for harm accountable for the harm they caused. But some
(Insurance Companies and Big Business) did not like that . . .
Now, because those with money and power were tired of being held accountable to the rest of us
when they do something wrong, they have successfully destroyed the rights of many Texans to
bring suit with massive media attacks. They are well-funded, they effectively use the media, and
use terms like “reform,” “frivolous lawsuits,” and “greedy trial lawyers” to sell their self-serving
ideas to Americans who have so willingly voted away many of their own rights.
Every victim of a medical error or nursing home abuse that has come to my office since the
effective date of the new "tort reform" law (HB-4), has been negatively affected by its harsh
cruelty.
To our would-be elderly nursing home clients, we regret to inform you that most of you will not
have a case that we can pursue – at all. The legislature has capped “non-economic damages” at
$250,000. The jury is not even allowed to know that fact. Because you are not earning an income,
and therefore do not have economic damages – as defined by our Republican legislature, that cap
represents the absolute maximum value of most of your cases. It is not in the least bit uncommon
for one of these suits to cost $100,000.00 or more by the time we walk into the courtroom, and our
fees are typically based upon a contingency (40% of the recovery). As you can see, if we were to
win the maximum dollar amount, the contingency fee of $100,000 combined with the reimbursed
costs of $100,000 would leave you only $50,000. You would be dissatisfied because in that
scenario your lawyers would have received more than you. Furthermore, despite the media sound-
bites to the contrary, most of these cases, nationwide, are not won by the claimants, but by the
insurance industry. Therefore, as a business investment, MOST of these cases are now rejected
by Texas attorneys who once championed these causes.
Republicans continue to push bills in Congress that would make such limitations federal in nature,
and would limit the rights of all Americans. But these proposals would hurt Texans even more than
they have already been hurt. All those of you hurt by improperly created medications (VIOXX,
Avandia, Bextra, etc.), would not be able to sue if these "tort reformers" have their way. Again,
you couldn’t sue – regardless of whether the manufacturer suspected danger and simply didn’t test
for it, then concealed that fact from the FDA - As long as the FDA approved it, the drug
manufacturers will be immune from liability for their bad acts!
It is only a small minority of doctors and healthcare facilities who commit the atrocities that we sue
for. A 2002 report by the Public Citizen consumer watch group indicated that 51% of all medical
malpractice claims in the U.S. were made against less than 5% of physicians. The problem is that
the insurers do not only increase the rates for those 5% of physicians (which would force the bad
doctors out of business), but they increase rates across the board, so that the good physicians have
to pay the same rates as the bad ones. It does not work in auto insurance - why do they think it
will in medical insurance? Because they can blame the “greedy trial lawyers;” “frivolous
lawsuits”; and you - the "greedy plaintiff"; for their own corporate greed, and because they have
the money and the media network in place to get that message out loud enough and often enough
that the general public believes it.
So what is the real Medical Malpractice Insurance Crisis? Ask any honest insurance professional
whether the lawsuits against negligent and reckless doctors has caused the insurance crisis, or
whether it was, instead, just bad investments in the stock market that forced so many insurance
companies into bankruptcy. The truth is, the insurance companies made huge investments in the
stock market which (like so many personal investments) turned sour. Most reports about the
impact of medical malpractice lawsuits – including a recent one conducted by the GAO
(Government Accounting Office) show that lawsuits account for less than 2% of the cost of
insurance premiums to physicians.
The reality is that the insurance industry wants you to pay for their bad financial decisions, and
forfeit your civil right to recover for your injuries as a result. The right to trial by jury should
include the right to have a jury decide what your injuries are worth! Our forefathers wrote it, and
countless service men and women have died to protect that fundamental right!
Remember, these so-called “runaway verdicts” against doctors were rendered by impartial juries
who listened to ALL of the evidence in each individual case, and made their decision based upon
legal FACT. The hype that these lawsuits were “frivolous” is ludicrous when you consider that if
they were, in fact, frivolous, the injured party could almost never win.
Before simply agreeing with the “lawsuit lottery” hype that the Insurance Industry has sold, look
deeply into each case. The insurers don’t want to risk a trial with EVIDENCE. They would rather
win every case at once - in the media with money!
We sincerely hope that no injury ever requires you to need our services, but if you walk into our
offices looking for assistance for some terrible injury done to you or a loved one by a doctor,
hospital, nursing home, HMO, trucking company, or drunk driver, please understand that the law –
and public opinion - are against us. When it comes to injured children, especially, that is the REAL
Medical Malpractice Crisis!
When you seek an attorney to represent you in a case of serious medical injuries, or medical
malpractice, you want someone who has a history of representing injured medical clients. These
cases are often a complex combination of law and medicine - not the type of case to “dabble” in.
At THE KELLY LAW FIRM, we have significant experience with medical malpractice and serious
injuries (including death). We also handle mass toxic torts, wrongful death and workplace sexual
harassment and assault claims. If you still have rights in Texas, we will help you to pursue them.
and holding those responsible for harm accountable for the harm they caused. But some
(Insurance Companies and Big Business) did not like that . . .
Now, because those with money and power were tired of being held accountable to the rest of us
when they do something wrong, they have successfully destroyed the rights of many Texans to
bring suit with massive media attacks. They are well-funded, they effectively use the media, and
use terms like “reform,” “frivolous lawsuits,” and “greedy trial lawyers” to sell their self-serving
ideas to Americans who have so willingly voted away many of their own rights.
Every victim of a medical error or nursing home abuse that has come to my office since the
effective date of the new "tort reform" law (HB-4), has been negatively affected by its harsh
cruelty.
To our would-be elderly nursing home clients, we regret to inform you that most of you will not
have a case that we can pursue – at all. The legislature has capped “non-economic damages” at
$250,000. The jury is not even allowed to know that fact. Because you are not earning an income,
and therefore do not have economic damages – as defined by our Republican legislature, that cap
represents the absolute maximum value of most of your cases. It is not in the least bit uncommon
for one of these suits to cost $100,000.00 or more by the time we walk into the courtroom, and our
fees are typically based upon a contingency (40% of the recovery). As you can see, if we were to
win the maximum dollar amount, the contingency fee of $100,000 combined with the reimbursed
costs of $100,000 would leave you only $50,000. You would be dissatisfied because in that
scenario your lawyers would have received more than you. Furthermore, despite the media sound-
bites to the contrary, most of these cases, nationwide, are not won by the claimants, but by the
insurance industry. Therefore, as a business investment, MOST of these cases are now rejected
by Texas attorneys who once championed these causes.
Republicans continue to push bills in Congress that would make such limitations federal in nature,
and would limit the rights of all Americans. But these proposals would hurt Texans even more than
they have already been hurt. All those of you hurt by improperly created medications (VIOXX,
Avandia, Bextra, etc.), would not be able to sue if these "tort reformers" have their way. Again,
you couldn’t sue – regardless of whether the manufacturer suspected danger and simply didn’t test
for it, then concealed that fact from the FDA - As long as the FDA approved it, the drug
manufacturers will be immune from liability for their bad acts!
It is only a small minority of doctors and healthcare facilities who commit the atrocities that we sue
for. A 2002 report by the Public Citizen consumer watch group indicated that 51% of all medical
malpractice claims in the U.S. were made against less than 5% of physicians. The problem is that
the insurers do not only increase the rates for those 5% of physicians (which would force the bad
doctors out of business), but they increase rates across the board, so that the good physicians have
to pay the same rates as the bad ones. It does not work in auto insurance - why do they think it
will in medical insurance? Because they can blame the “greedy trial lawyers;” “frivolous
lawsuits”; and you - the "greedy plaintiff"; for their own corporate greed, and because they have
the money and the media network in place to get that message out loud enough and often enough
that the general public believes it.
So what is the real Medical Malpractice Insurance Crisis? Ask any honest insurance professional
whether the lawsuits against negligent and reckless doctors has caused the insurance crisis, or
whether it was, instead, just bad investments in the stock market that forced so many insurance
companies into bankruptcy. The truth is, the insurance companies made huge investments in the
stock market which (like so many personal investments) turned sour. Most reports about the
impact of medical malpractice lawsuits – including a recent one conducted by the GAO
(Government Accounting Office) show that lawsuits account for less than 2% of the cost of
insurance premiums to physicians.
The reality is that the insurance industry wants you to pay for their bad financial decisions, and
forfeit your civil right to recover for your injuries as a result. The right to trial by jury should
include the right to have a jury decide what your injuries are worth! Our forefathers wrote it, and
countless service men and women have died to protect that fundamental right!
Remember, these so-called “runaway verdicts” against doctors were rendered by impartial juries
who listened to ALL of the evidence in each individual case, and made their decision based upon
legal FACT. The hype that these lawsuits were “frivolous” is ludicrous when you consider that if
they were, in fact, frivolous, the injured party could almost never win.
Before simply agreeing with the “lawsuit lottery” hype that the Insurance Industry has sold, look
deeply into each case. The insurers don’t want to risk a trial with EVIDENCE. They would rather
win every case at once - in the media with money!
We sincerely hope that no injury ever requires you to need our services, but if you walk into our
offices looking for assistance for some terrible injury done to you or a loved one by a doctor,
hospital, nursing home, HMO, trucking company, or drunk driver, please understand that the law –
and public opinion - are against us. When it comes to injured children, especially, that is the REAL
Medical Malpractice Crisis!
When you seek an attorney to represent you in a case of serious medical injuries, or medical
malpractice, you want someone who has a history of representing injured medical clients. These
cases are often a complex combination of law and medicine - not the type of case to “dabble” in.
At THE KELLY LAW FIRM, we have significant experience with medical malpractice and serious
injuries (including death). We also handle mass toxic torts, wrongful death and workplace sexual
harassment and assault claims. If you still have rights in Texas, we will help you to pursue them.
| "No man is above the law, and no man is below it. Nor do we require any man's permission when we require him to obey it." Theodore Roosevelt |
Do you Still have Legal Rights?
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| Call for a FREE case evaluation: (713) 255-2055 |
