Wednesday, July 27, 2011

Texas Law Capping Medical Malpractice Awards Hasn't Cut Health Care Costs

In 2003, Texans were promised that if they capped noneconomic damages in medical malpractice awards, they would eventually see a reduction in their total health care costs, and they bought the claim. Texas enacted one of the toughest bills in the country capping medmal award damages. Almost eight years later, that hasn't happened at all.

One study of data on Medicare spending in Texas for years following the enactment of the law shows the following: "Not only has per person Medicare spending in Texas continued to exceed the national average, the data also show that such spending rose at nearly twice the national average (15.1% versus 8.7%) in the four years since the medical liability reform legislation was passed. Furthermore, before such 'cost-saving' legislation went into effect, per person Medicare reimbursement rates in Texas were the tenth highest in the nation. In 2007, reimbursement rates in Texas had risen to the second highest. None of this is resounding evidence that tort reform has been successful in controlling health care costs."

And a new review by the Dallas Morning News shows that since the medmal law was enacted in 2003, family and single health insurance premiums rose by 51 and 45 percent, respectively, roughly equal to the increase nationwide. Even the President of the Texas Medical Association, the doctors' lobby in Texas, admitted, "(W)e haven't seen the overall cost of medical care go down."

The Dallas Morning News review showed that medical malpractice insurance premiums for doctors in Texas have decreased since the law was enacted. But that's been a nationwide phenomenon, according to Congressional testimony by Joanne Doroshow of the Center for Justice and Democracy in January (see the bottom of page 11). Moreover, as she pointed out, "Premiums have dropped irrespective of whether 'tort reforms' were enacted in any particular state, such as Texas. States with little or no restrictions on patients' legal rights have experienced the same level of liability insurance rate changes as those states that enacted severe restrictions on patients' rights." So the drop in Texas medmal insurance premiums isn't necessarily attributable to the enactment of the medmal law. And in any event, the patients haven't seen any benefit from that reduction. My thanks go to Mary Alice McLarty of the McLarty Pope law firm in Dallas for sending me the DMNchart.

Over 40 states have already enacted some form of state "tort reform," many with the promise of lower costs to consumers. I would like to read ANY reliable study that finds thatANY state law capping medical malpractice awards was followed by a drop in health care costs in that state, but I doubt that any such study exists.

Source : http://voices.injuryboard.com/medical-malpractice/texas-law-capping-medical-malpractice-awards-hasnt-cut-health-care-costs.aspx?googleid=292510

Tuesday, July 5, 2011

Austin man uses his belt to save woman pinned under cement truck

A 19-year-old University of Texas student is recovering after losing her lower right leg in an accident involving a cement truck.

Around 3 p.m. Tuesday, a cement truck traveling northbound on Guadalupe accidentally ran over Haifa Abubaker while she was walking her bicycle across the street. Witnesses say the driver didn't know that he had the young woman pinned under his cement truck and dragged her for about 40 feet.

Passersby watched in horror as the scene unfolded but Patrick Clemen, who was working at the same intersection, jumped into action.

"I heard an enormous crash and looked forward, and there was a girl pinned underneath this cement mixer," said Clemens, a local food technician who also happens to be a Boy Scout Troop Leader, a Desert Storm Veteran, and who was also hit twice on two different occasions while riding his bicycle.

Clemens used his belt as tourniquet to stop Abubaker's bleeding.

Some of the employees working in businesses along the drag who witnessed the graphic nature of the accident were given a couple of days off to cope with the trauma.

"It was truly horrible. I've never seen anything like that before," said Dennis O'Donnell, an employee at a bar called The Hole in the Wall.

On Wednesday, Abubaker's lower right leg was amputated. On Thursday she was moved out of ICU at UMC Brackenridge and into a regular room.

Austin police say the cement truck driver will not be charged with anything but the case is considered an accident.

Monday, May 9, 2011

In chaotic vote, GOP-led Texas House OKs limits on lawsuits

AUSTIN -- The Texas House descended into partisan chaos Saturday before Republicans wielded their two-thirds majority to push through one of Gov. Rick Perry's legislative priorities.
After more than four hours of skirmishing that several members likened to "trench warfare," the House gave preliminary approval to tort legislation that could require losers to pay court costs in certain lawsuits. Most of the chamber's 49 Democrats had left the floor by the time the vote was taken.
Tempers flared repeatedly in the pre-Mother's Day session. Rep. Craig Eiland, D-Galveston, angrily hurled a rule book into the air. At one point, Republicans threatened to lock down the chamber.
"It's nothing like I expected it to be," said freshman Rep. Barbara Nash, R-Arlington, who was elected in November. "I expected people to act like adults."
The feuding spotlighted growing tensions as the Legislature moves closer to its May 31 adjournment with a host of major issues -- including the budget and redistricting -- still awaiting action. House Democrats, seeking to compensate for their 2-to-1 numerical disadvantage, have angered Republicans by slowing action on major bills with the use of points of order and other parliamentary tactics. Over fierce objections by Democrats who were still on the floor, Republicans voted to suspend the rules to forge ahead with a vote on the so-called loser-pays bill.
"This is a bad day that's getting much worse," declared Eiland, who accused Republican leaders of trampling House rules to suppress "the minority voice."
But Speaker Joe Straus, R-San Antonio, said Democrats left the Republican leadership with no choice after refusing compromise offers.
"There were several offers of alternative routes that could have been taken," Straus said. "The other side dug in and made it clear they were going to give no quarter, that they were going to kill these bills. It wasn't my first option, it wasn't my first choice, it wasn't my desire to do it this way."
Perry called for passage of the loser-pays bill in his State of the State Address in mid-February and tagged it as "emergency" legislation to give it priority. Although the bill by Rep. Brandon Creighton, R-Conroe, has been substantially modified since it was introduced, it would let courts award costs and attorney fees to the prevailing party in breach-of-contract suits. The bill could also allow dismissal of meritless lawsuits.
The Texas Trial Lawyers has opposed the measure, saying it would discourage people with legitimate claims from suing. But Perry and other supporters say it would continue years of tort reform efforts designed to reduce the cost of lawsuits and further enhance Texas' business-friendly image.
Other major bills in the pipeline for imminent consideration include Perry-backed immigration legislation and a measure that would reduce class sizes in elementary schools.
Lawmakers are facing a deadline Thursday for considering House bills. Hundreds of bills that don't make the deadline will perish.
"The only thing left on the calendar is really bad stuff," said Rep. Lon Burnam, D-Fort Worth. "My constituents would be better-served if we didn't work anymore this session."
Burnam said and he most other Democrats had drifted off the floor -- either individually or in small groups -- before the vote on the loser-pays bill.
"A whole lot of people did that because they were so exasperated with that situation," Burnam said, adding that Democrats had become "increasingly angry about what we understood the Republicans were going to do."
The vote on Creighton's bill was 89-12, with 47 members absent. Two members registered as present but not voting.
Rep. Phil King, R-Weatherford, said the Democrats' walkout was reminiscent of a nationally publicized incident in 2003 when Democrats left the state twice to break a quorum on congressional redistricting. This year, Republicans have the 100 votes for a quorum, but Democrats were hoping that enough Republican absences on the day before Mother's Day could have helped them break a quorum and stop action on legislation.
Read more: http://www.star-telegram.com/2011/05/07/3058437/gop-led-texas-house-oks-limits.html#ixzz1LrnZRqoV

Monday, May 2, 2011

Rape opponents push pot to replace alcohol

A Colorado-based initiative to open dialogue about what impact, if any, marijuana's legalization would have on sexual assault rates could soon plant roots in Lubbock.
Shannon Drew, 20 and a Texas Tech sophomore from Amarillo, is using April's Sexual Assault Awareness Month to drum up local support for the Women's Marijuana Movement, or WMM.
The year-old effort aims to spark what national organizer Mason Tvert in Denver called "public dialogue" on how marijuana legalization could prevent alcohol-related crimes against women.
WMM advocates have yet to frame the theory as grounds for the outright legalization of pot, but they are calling for a more open discussion about whether the taboo of marijuana drives many party-goers to drink more alcohol, which Drew says is "the No. 1 date rape drug."
The movement has yet to pick up traction in Lubbock, and some experts are leery of its premise.
Diana DiNitto, a University of Texas professor with expertise in both violence against women and substance abuse, agreed alcohol can sometimes stir aggressive behavior, but she said WMM's theory discounts too many social and personal factors.
"In the long run, I think it would be naive to say we could just substitute marijuana for alcohol and not have these problems," she said. "That's just too simplistic for science."
She also fears talk about substituting one substance for another could distract from more direct, and more effective, ways to combat substance abuse.
But Drew, who has worked with local rape victims for the past year, said college campuses like Tech must harbor a more open discussion of the psychological and social effects marijuana, particularly as binge drinking rates climb.
And with binge drinking comes the most common form of rape in which the assailant knows the victim, according to the Rape, Abuse and Incest National Network. Roughly two-thirds of rapes are committed by familiar assailants, a category in which college date rape falls, and 30 percent of all rapes are linked to a drunk assailants.
Studies have shown as many as one out of every four female college students is a rape victim, according to the National Sexual Violence Resource Center.
"In the college circuit, alcohol has been involved in every single story I've heard," Drew said. "Every victim that I've talked to here in Lubbock that was a college student, alcohol was used by either the victim or the assailant.
"And many, many girls have said to me that if they hadn't been drinking or he hadn't been drinking, it probably wouldn't have happened."
Tvert also cited studies showing the link between drinking and rape and said he understands marijuana and alcohol are not mutually exclusive, meaning access to one doesn't necessarily mean one will consume less of the other.
But he said there's too little to lose and too much to gain in studying potential links.
At the Lubbock Rape Crisis Center, community educator Leslie Timmons said the WMM seems to be "grasping at straws."
"We don't know that it would make a significant impact on the rates of sexual assault," she said. "The way to prevent sexual assault is to teach respect to the perpetrators. Our prevention is focused on reaching people at a young age before there's a chance they turn into perpetrators by teaching them respect and tolerance and conflict resolution."
A message left with a professor at Tech's College of Human Sciences was not returned by press time Thursday.
Source: http://lubbockonline.com/local-news/2011-04-29/rape-opponents-push-pot-replace-alcohol

Wednesday, April 27, 2011

DPS sends seatbelt safety message after two die in weekend crash

A father and son from Plainview died in a car accident this weekend, and crash investigators say they would likely still be alive if their seat belts had been buckled.

It's accidents like this that remind us how the simple act of putting on a seat belt can save a life. That's why DPS is stressing to wear your seat belt and wear it right.

"The lap should go across our hips and the shoulder harness should go across our chest plate," said Corporal John Gonzalez, Texas Department of Public Safety.

According to the Texas Department of Transportation, there was one vehicle crash every 74 seconds statewide in 2009. And the National Highway Traffic and Safety Administration says every year seatbelts save more than 13,000 lives.

"The law says now anybody in the backseat or front seat have to be secured by at least a seatbelt system. If they are a child under the age of 8 to 5 they must be in high back booster or low back booster. And a child under the age of 5 must be in some kind of safety child restraint system," said Gonzalez.
Saturday, Victor Briones, 58, and his son Elias Briones, 8, were not wear seatbelts when their car flipped their just outside of New Deal, they were pronounced dead at the scene.
"Several that we have had, have shown people weren't buckled in, including the driver in this case," said Gonzalez.

In 2009 TXDOT says 976 died in a traffic accident from not wearing their seatbelt and 796,287 wore their seatbelts were not injured.

"If you do flip in an upright position and the car is still going forward you may have to stop it and control it sometime. And if you're out of the vehicle the car is going to do whatever it is going to do," said Gonzalez.
That's why law enforcement is telling others to click it or ticket. Because wearing a seatbelt could end up saving a life.

"Any time you can provide any protection for you and your children in a car crash, absolutely. The seatbelt is designed to bear your weight and to keep you inside the vehicle," said Gonzalez.
DPS says if you get caught not wearing your seatbelt you face up to a $250 fine. And if a child is unrestrained you could end up losing points on your license.

Source : http://www.kcbd.com/story/14509892/dps-sends-seatbelt-safety-message-after-two-die-in-weekend-crash

Tuesday, April 19, 2011

Loss of concentration causes accidents

On average 700 deaths occur each year in work areas on public roadways, highways, roads, and in city streets.

The lack of concentration of car drivers were the cause of these fatalities, and most deaths were construction workers. Every driver of any motor vehicle driving on public roads, must be focused, attentive and most of all looking out for construction workers who work on the streets.
As part of National Crime Prevention Week Work Zone, the Texas Department of Transportation, in the lecture series and events, has a goal to encourage drivers and machine operators to take care of the crews, that the dedicated workers are not injured by vehicles.
To instruct, educate and cultivate the Loredo redsidents in that sense, is that this week they have joined the staff of the Texas Department of Public Safety (DPS), the Laredo Police and agents of the Department of Webb County Sheriff.
Also, contractors and construction workers themselves in roads, have participated in seminars to avoid unfortunate incidents. In addition to the 700 annual deaths are 40,000 people who are injured, 85% of those injured are drivers or passengers of vehicles.
In Texas, the figure is 15, 131 car accidents and 1208 deaths in road construction. In 2009, 3, 781 road accidents were due to the driver's distraction involving 7,837 cars, with 27 deaths.

Thursday, April 14, 2011

Texas House backs plan to allow 85 mph speed limit

AUSTIN, Texas - The Texas House approved a bill that would allow the speed limit on some highways to be raised to 85 mph, which would be the highest in the nation.

The measure passed Wednesday on a voice vote was part of a larger transportation bill. It would authorize the Texas Department of Transportation to raise the speed limit on designated lanes or entire stretches of roadway after doing engineering and traffic studies, the Dallas Morning News reported Thursday.
The Senate is considering a similar bill.

"They have high-speed roadways in Europe, and there could be some merit in having some of those highways in Texas," said Rep. Lois Kolkhorst of Brenham, who introduced the bill. "Given the right engineering, we should consider it."

Texas currently has more than 520 miles of interstate highways where the speed limit is 80 mph.
One such stretch of Interstate 10 "is as nice a road as you can build; it's flat with a long line of sight, wide lanes and good shoulders," said Rep. Joe Pickett of El Paso. "For people like us who travel that long distance, it could be good" to raise the limit to 85 mph, he said.

Some auto insurers oppose the measure, citing safety concerns.

"Obviously, the two things that kill most people on our highways are speed and alcohol. Increasing it to 85, or even 75, will have a dramatic impact on the death and injury rate on those highways where it's implemented," said Jerry Johns, a spokesman for the Southwestern Insurance Information Service.

He said drivers already exceed 70 mph highway speed limits.

"But 85 mph is simply too fast to drive even on a flat road. Any little hitch can cause an accident at that speed. There is still traffic on those roads, and to drive 85 mph is simply ludicrous," he said.

The Transportation Department hasn't done the speed and safety analyses of roadways the legislation would require, said department spokeswoman Kelli Petras.

"It would be awesome to travel it, but you'd have to look at the safety and other factors," she said.

Source : http://www.star-telegram.com/2011/04/07/2981624/texas-house-clears-way-for-85.html#ixzz1IqaPmTRA