Congressional Budget Office Finds No Basis Malpractice Claims Are Driving High Health Care Costs

The recent findings by the CBO that medical malpractice claims have little effect on overall health care spending did not surprise me.  The CBO’s numbers are consistent with the findings of the Centers for Medicare and Medicaid Services and the National Association of Insurance Commissioners.  Malpractice claims account for a miniscule 0.3% of total health care costs.  In its report, the CBO also notes that recent research has found that tort reform may adversely affect patient care.

As recently stated by U.S. Rep. Bruce Braley, the best way to reduce medical malpractice claims is to reduce medical errors.

HMO Fraud Held Accountable

In 1995, Mark and Barbara Chipps received an unsigned letter from their insurance company, Humana Health Insurance Co. of Florida, informing them that their four-year-old daughter, Caitlyn, who was born with cerebral palsy, would be terminated from a special program for terribly and chronically ill patients called medical case management.

There was no medical diagnosis supporting Humana’s decision, and it clearly violated the terms of the family’s insurance agreement. When the Chipps’ appealed to the company, they were told that Caitlyn’s speech, occupational and physical therapies would be terminated as well.

The Chipps’ exhausted their resources in an attempt to continue Caitlyn’s care. Caitlyn regressed and began walking into walls. Finally the Chipps’ turned to the civil justice system for help.

The ensuing litigation uncovered widespread fraud at Humana. The insurance company had unlawfully denied coverage to more than 100 catastrophically ill and injured children in Florida in an effort to boost its bottom line. In one instance, Humana had even sent a letter to a child – not the parent – who had been in a coma for 14 years advising him that he had improved to such an extent that he no longer needed the medical case management. The insurance company was also paying bonuses to physicians and nurses based on the number of medical claims denied each month. The jury found that Humana intentionally disregarded its insureds’ health and safety, and awarded Caitlyn and her family restitution equal to the $78.5 million Humana thought it could save by cutting children’s coverage. The insurance company fought the award, and the Chipps’ later settled for $2.2 million. More importantly, Caitlyn was put back on the medical case management, and Humana’s behavior was exposed for all the world to see.

As reported by AAJ

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sources: Stephen Van Drake, “Attorney Battles Humana, Again,” South Florida Business Journal, June 28, 2002; “5-Year Old Cerebral Palsy Victim Wins Landmark Trial Against Humana,” Ricci- Leopold Law Firm, http://www.riccilaw.com/CM/Articles/Articles69.asp; Chipps v. Humana Health Insurance Co. of Florida, Inc., No. CL 96-00423 AE (Fla., Palm Beach County Cir. Ct. Jan. 4, 2000.

Trial Lawyers Holding Wrongdoers Accountable

The civil justice system has been the cornerstone in keeping Americans safe by allowing them a fair chance to receive justice when they are injured by the negligence of others – even when it means taking on the most powerful corporations.

The civil justice system is the last chance for individuals wronged by corporations and their CEOs act irresponsibly by cutting corners on safety, producing unsafe products, polluting our environment, taking advantage of their employees and shareholders and cheating taxpayers through government fraud.

The trial lawyer stands in your shoes, fighting the odds to bring justice to right a wrong, even when faced with the most powerful and wealthy opposition.

Firm Recovers Half A Million Dollars for Client

We recently settled a case for half a million dollars for our client who was in his boat fishing when he was seriously injured  when another boat smashed into him at a high rate of speed.  Our client was slowly back trolling when the other boater hit him right smack in the rear of the boat and fractured our clients pelvis and hip socket.  The negligent boater was driving blindly into the sun and never saw our client before the impact.

Although there was no alcohol or drugs involved in this crash,our client’ s injuries were preventable had the negligent boater followed the rules of the road.  As with a car,  one must never outdrive the  headlights, and a boater must slow down or stop when he cannot see what is ahead.

The surgeon who put two large metal plates and many screws in our client’s pelvis and hip said that it was a miracle that our client lived through this trauma.  Indeed, this man had great medical care, a wonderful supportive family,  courage and the will to get better that had him back on his feet (although with a permanent drop foot, a cane and a great deal of continuing pain) and back in the boat fishing within a year. We were honored to be of service to this wonderful man and his family.

The International Society of Primerus Law Firms Welcomes Us Into Membership

I am pleased to announce that The  International Society of Primerus Law Firms has invited us into membership and that membership has been approved. Primerus is an alliance of small to medium sized independent law firms throughout the United States, Canada and Great Britain.

It was created and is maintained by seeking out recruitment of only the very best attorneys and law firms for membership.  All candidates for membership must have the highest AV rating from Martindale-Hubbell and submit to a rigorous evaluation from judges, fellow attorneys, current and former clients, bar associations and malpractice insurance carriers.

Firms accepted into membership must meet the Six Pillars of Primerus quality:

1. Integrity
2. Excellent work product
3. Reasonable Fees
4. Continuing Legal Education
5. Civility
6. Community Service

Primerus firms are audited annually to ensure that they continue to be the “best of the best” year after year.