The American system of justice was built on 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 a massive media attack. They were well-funded, they made
effective use of the media, and used terms like “reform,” “frivolous lawsuits,” and “greedy
trial lawyers” to sell their self-serving ideas to the Texans who 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 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 the attorney
$100,000.00 or more by the time he or she walks 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, by the industry. Therefore, as a business investment, MOST of these
cases are now rejected by Texas attorneys who once championed these causes.
President Bush has proposed a bill in Congress, and continues to push for it that would
make such limitations federal in nature, and would limit the rights of all Americans. But his
proposal would hurt Texans even more than they have already been hurt. All those of you
hurt by pain medication drugs (VIOXX, Celebrex, Bextra, etc.), who now have heart
problems and/or strokes. Under the new law, as proposed, you simply would not be able to
sue. 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!
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. are 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 doesn’t
work in auto insurance - why do they think it will in medical insurance? Because they can
blame “greedy trial lawyers” and “frivolous lawsuits” for their own 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 is, 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 the 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 deep at 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 claims. If you still have rights in Texas,
we will help you to pursue them.
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 a massive media attack. They were well-funded, they made
effective use of the media, and used terms like “reform,” “frivolous lawsuits,” and “greedy
trial lawyers” to sell their self-serving ideas to the Texans who 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 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 the attorney
$100,000.00 or more by the time he or she walks 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, by the industry. Therefore, as a business investment, MOST of these
cases are now rejected by Texas attorneys who once championed these causes.
President Bush has proposed a bill in Congress, and continues to push for it that would
make such limitations federal in nature, and would limit the rights of all Americans. But his
proposal would hurt Texans even more than they have already been hurt. All those of you
hurt by pain medication drugs (VIOXX, Celebrex, Bextra, etc.), who now have heart
problems and/or strokes. Under the new law, as proposed, you simply would not be able to
sue. 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!
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. are 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 doesn’t
work in auto insurance - why do they think it will in medical insurance? Because they can
blame “greedy trial lawyers” and “frivolous lawsuits” for their own 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 is, 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 the 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 deep at 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 claims. If you still have rights in Texas,
we will help you to pursue them.
| Texas Republicans have Severely Restricted Your Legal Rights |
| "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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| THE KELLY LAW FIRM, P.C. |
| Attorneys * Counselors * Trial Lawyers |
| Call for a FREE case evaluation: (713) 255-2055 |