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2011年4月17日 星期日

How NY pays twice for litigation lottery

The crisis in New York State goes to yond the well-publicized fiscal hole we face this year. The real crisis lies in how imperfect we Fund and operate our systems, by perpetuating judged him and leaving us deficits with loss of jobs, business flight and very angry taxpayers.

One example of such nonsense: one reason our Medicaid costs are twice the national average is the impact of our legal system.

It is well-accepted the fact that our climate has also guided medical-malpractice and other premiums so high as to force many doctors--especially those in high-risk specialties--either from the practice of New York. It was chilling effect in relation to the entire healthcare system.

Recognizing this, Gov. Cuomo has proposed a tort-reform package that will both help the State's financial situation and health care more accessible and affordable.

Only one of these common sense proposals--putting a $ 250,000 CAP on noneconomic damages in medical malpractice cases---will save hospitals hundreds of millions a year. Who will pay for more staff to care for patients and doctors to leave more happy to keep practicing in New York. According to a study by the Research Institute of the Pacific 2009, this reform will only create and 86,000 jobs.

Since Texas applied such a CAP, the State created 79 percent of the nation's private sector development, and medical professionals to flee States such as New York to practice in Texas.

Indeed, the Texas comprehensive reforms adopted in 2003 have made it a Mecca for entrepreneurs, research laboratories, academic medical centers and manufacturing.

This was followed by Texas, Wisconsin, in-depth review of adoption law liability in product liability, expert-witness testimony, demonstrative frivolous litigation, and health-care quality improvement programs.

New York to healthcare more affordable and accessible and to create jobs and revenues without raising taxes. Who will be against this idea?

Only one team has shown significant contrast: lawyers will gain the most from extravagant prizes provided by sympathetic juries and judges. To keep the money flowing in, to resort to scare tactics--claiming that ceiling prizes will harm their wounded.

To be clear: Governor's Medicaid redesign proposal does not limit a plaintiff's economic damages. Injured through negligence or accident should be compensated fairly for their injuries (and, if appropriate, lost their ability to work or to provide for their families). Such decisions are absolutely necessary and only. The reform will only restricts how much further, beyond this level, it can be delegated.

The force had several other good ideas--such as the establishment of courts to review cases of medical malpractice and to ensure that trained experts to review the complex medical information in these cases. This means that lawyers should win about facts, not replicated critical sentiments.

Cuomo's historic proposals have received warm welcome by the State Senate leadership but seems to be DOA in the Assembly when the adequate funding and strong lobby trial-lawyer-personal injury which had influence with the leadership and the rank-and-file members for many years.

New York would suffer if the special interest bring once a day. We need these reforms so that the economic difficulties of our State can be determined, both this year and in the future.

Francesca Sommer is Executive Director of lawsuits pending reform Alliance of New York.


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