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Casual Articles - Tort Reformand the Legal Nurse Consultant
Publicity is an important and often overlooked tool of creative selling; and a more cost-effective way of reaching your target audience than advertising. With the inherent third-party endorsement of the media implied in every editorial story, a news or feature article in a newspaper, magazine, or on television or radio, is an infinitely more credibly-perceived communications message than an ad or commercial. Publicists less frequently are favored with hard news stories. They are more often tasked with getting “softer” news and feature stories on-air or in print. Here are some techniques involving creative conceptualization and application – what I call CREATIVE FORMATTING – and they work very effectively when carefully thought-through and constructed.1 - Use News to Make News.When you prepare a press rele
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to
Typically, the online consultant uses an email autoresponder to notify new contacts that their request for a job quote has been received. The message that the recipient gets looks something like this:Thank you for contacting COMPANY X. Your request has been received. We will be contacting you in 24-48 business hours with a response to your query.This type of autoresponder lets your contact know his email message was delivered. Great!But what about what happens AFTER you make contact with a potential client, and you leave the ball in their court but they don't respond within the anticipated timeframe?If you don't have a live human being to do your follow-up dirty work, perhaps an autoresponder is the next best thing. Don't use the one that came with your Microsoft Outlook account. Instea
Here's why:
1. The number of U.S. attorneys continues to increase annually. Currently there are 1,058,662* attorneys in the U.S. and, as the Houston Chronicle states, at least "25 percent deal with medical malpractice and personal injury cases."
2. At the national level, the U.S. Senate said "no" to a tort reform bill that sought to limit non-economic damages (pain and suffering) in malpractice suits to $250,000. Even if the Senate bill had passed, legal nurse consultants would still have plenty of cases to work on.
3. Most medical malpractice cases legal nurse consultants consult on involve significant economic damages, such as medical expenses and lost earning capacity. These high-dollar cases will continue to keeplegal nurse consultants busy.
4. Legal nurse consultants don't just consult on medical malpractice cases. We consult on general personal injury, products liability, toxic tort, criminal and a variety of other cases. Injury cases of all kinds will be with us as long as Americans breathe. Recovery for negligent injuries and the lost wages, medical bills and the like resulting from those injuries is the American way and is an ancient right that goes back to Mesopotamia in 2100 B.C.
5. In states that limit non-economic damages, attorneys are a bit more selective, concentrating on cases with significant physical and psychological damages (not just emotional distress or pain and suffering). That means both plaintiff and defense attorneys increasingly rely on legal nurse consultantsfor assurance that they're making the best business decision in each case they take on. I even see a day when it will be considered legal malpractice for an attorney not to have legal nurse consultants working behind the scenes on their cases.
Medical malpractice cases simply aren't going away. According to a March 3, 2003 article in BusinessWeek, the National Center for State Courts found that, despite tort reform, the national volume of medical malpractice cases filed has not changed over the last five years.
One factor contributing to the ongoing flood of litigation: Medical errors in hospitals kill up to 98,000 people each year, according to a 1999 study by the National Academy of Sciences Institute of Medicine. That's 268 patients per day, or the equivalent of a fully loaded jumbo jet crashing every other day. This death toll is higher than the number of people who die from AIDS, breast cancer and car accidents combined. All of the legal nurse consultants I know would actually welcome a shortage of these cases.
Where's the Real "Crisis"?
Isn't this "attack on America" with so many people being killed in hospitals what we should be reforming? Instead of worrying about tort reform, we should be concerned about the Dark Ages of Healthcare perpetrated by managed care and the negligent providers who kill 268 hospital patients every day.
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to
2 key points to stay focused on, as you are settling your lawsuit; a quick and fair settlement and consideration for current and future needs. The process of settling a lawsuit can be a tedious and mysterious event. Relying on your busy attorney to keep you informed can be an exercise in frustration. The entire process can seem as slow as molasses. Compounding the pain could be the financial and emotional difficulties caused by the source of the lawsuit itself.On the other hand, legal representatives on both sides are contriving the fairest possible terms that both sides can find acceptable. Looking at the same problem from two different sides can generate two very difficult ideas of what is fair. Thus the negotiations can take more time than what would seem appropriate. But in most cases everyone is lookin
2. At the national level, the U.S. Senate said "no" to a tort reform bill that sought to limit non-economic damages (pain and suffering) in malpractice suits to $250,000. Even if the Senate bill had passed, legal nurse consultants would still have plenty of cases to work on.
3. Most medical malpractice cases legal nurse consultants consult on involve significant economic damages, such as medical expenses and lost earning capacity. These high-dollar cases will continue to keeplegal nurse consultants busy.
4. Legal nurse consultants don't just consult on medical malpractice cases. We consult on general personal injury, products liability, toxic tort, criminal and a variety of other cases. Injury cases of all kinds will be with us as long as Americans breathe. Recovery for negligent injuries and the lost wages, medical bills and the like resulting from those injuries is the American way and is an ancient right that goes back to Mesopotamia in 2100 B.C.
5. In states that limit non-economic damages, attorneys are a bit more selective, concentrating on cases with significant physical and psychological damages (not just emotional distress or pain and suffering). That means both plaintiff and defense attorneys increasingly rely on legal nurse consultantsfor assurance that they're making the best business decision in each case they take on. I even see a day when it will be considered legal malpractice for an attorney not to have legal nurse consultants working behind the scenes on their cases.
Medical malpractice cases simply aren't going away. According to a March 3, 2003 article in BusinessWeek, the National Center for State Courts found that, despite tort reform, the national volume of medical malpractice cases filed has not changed over the last five years.
One factor contributing to the ongoing flood of litigation: Medical errors in hospitals kill up to 98,000 people each year, according to a 1999 study by the National Academy of Sciences Institute of Medicine. That's 268 patients per day, or the equivalent of a fully loaded jumbo jet crashing every other day. This death toll is higher than the number of people who die from AIDS, breast cancer and car accidents combined. All of the legal nurse consultants I know would actually welcome a shortage of these cases.
Where's the Real "Crisis"?
Isn't this "attack on America" with so many people being killed in hospitals what we should be reforming? Instead of worrying about tort reform, we should be concerned about the Dark Ages of Healthcare perpetrated by managed care and the negligent providers who kill 268 hospital patients every day.
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to
The Internet was created as a means to share information. That's still its main function and purpose.But somewhere along the line the Internet was commercialized. Marketers realized that "hey, I could SELL this way." Spamming was born. Commercial websites were born.Now, the Internet is evolving again...because THE PURPOSE OF THE INTERNET IS TO CONVEY INFORMATION.People want to GROW. Personal, mental and emotional growth are as inevitable as physical growth.The Internet is the latest means for people to satisfy their need to grow their minds.But sell sheets and unsolicited email (i.e. SPAM) are not what people WANT. They want INFORMATION. They want to be enlightened, entertained, challenged, provoked. And they want to be able to EXPRESS THEMSELVES.So, in retaliation for the commer
5. In states that limit non-economic damages, attorneys are a bit more selective, concentrating on cases with significant physical and psychological damages (not just emotional distress or pain and suffering). That means both plaintiff and defense attorneys increasingly rely on legal nurse consultantsfor assurance that they're making the best business decision in each case they take on. I even see a day when it will be considered legal malpractice for an attorney not to have legal nurse consultants working behind the scenes on their cases.
Medical malpractice cases simply aren't going away. According to a March 3, 2003 article in BusinessWeek, the National Center for State Courts found that, despite tort reform, the national volume of medical malpractice cases filed has not changed over the last five years.
One factor contributing to the ongoing flood of litigation: Medical errors in hospitals kill up to 98,000 people each year, according to a 1999 study by the National Academy of Sciences Institute of Medicine. That's 268 patients per day, or the equivalent of a fully loaded jumbo jet crashing every other day. This death toll is higher than the number of people who die from AIDS, breast cancer and car accidents combined. All of the legal nurse consultants I know would actually welcome a shortage of these cases.
Where's the Real "Crisis"?
Isn't this "attack on America" with so many people being killed in hospitals what we should be reforming? Instead of worrying about tort reform, we should be concerned about the Dark Ages of Healthcare perpetrated by managed care and the negligent providers who kill 268 hospital patients every day.
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to
There is a nuclear-strength “secret” weapon that 90% of self-employed professionals are missing out on as they try to build their businesses. It’s amazingly simple, amazingly powerful – and – amazingly overlooked! It’s called “Situational Marketing,” and it can revolutionize your business. a March 3, 2003 article in BusinessWeek, the National Center for State Courts found that, despite tort reform, the national volume of medical malpractice cases filed has not changed over the last five years.
One factor contributing to the ongoing flood of litigation: Medical errors in hospitals kill up to 98,000 people each year, according to a 1999 study by the National Academy of Sciences Institute of Medicine. That's 268 patients per day, or the equivalent of a fully loaded jumbo jet crashing every other day. This death toll is higher than the number of people who die from AIDS, breast cancer and car accidents combined. All of the legal nurse consultants I know would actually welcome a shortage of these cases.
Where's the Real "Crisis"?
Isn't this "attack on America" with so many people being killed in hospitals what we should be reforming? Instead of worrying about tort reform, we should be concerned about the Dark Ages of Healthcare perpetrated by managed care and the negligent providers who kill 268 hospital patients every day.
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to
Parents can consider car insurance as expensive. But when the safety of your children is on the line, the cost does not really matter at all. However, there are factors involved when deciding to whether to include your children when getting a policy or purchase a separate one. And sometimes, the decision to make is a bit confusing.To make your decision making easier, you have to weigh the following factors and decide which is most advantageous to you:Cheaper rate – Auto insurance companies always offer cheaper rate when the added vehicle's insurance is purchased under the parent's policy. Also, it is assumed that younger and single drivers are more prone to accidents than older and married ones. So if your child will buy auto insurance under his or her name, he or she would certainly pay more money.D
In spite of this boom in hospital "victims," according to the BusinessWeek article mentioned above, the National Practitioner Data Bank (NPDB) reported that over the past ten years malpractice payouts have grown an average of only 6.2% per year. Yet the Journal of Health Affairs showed that the average rate of medical cost inflation over that same ten-year period was 6.7%. This doesn't sound like an explosion in malpractice awards to me.
We are not experiencing a crisis of litigation but a crisis of malpractice. The NPDB reported that from 1990 to 2002, 5% of U.S. doctors were responsible for 54% of medical malpractice payouts, including jury awards and out-of-court settlements. The NPDB breaks this down further: Of 35,000 doctors with two or more payouts during that period, only 8% were disciplined, and of the 2,774 doctors who made payments in at least five cases, only 463 were disciplined.
The severity of that "discipline" is open to question. On August 28, 2003, the Houston Chronicle reported on the case of a Houston doctor who had been sued 78 times and made payouts in 45 cases totaling more than $13.3 million. His punishment? The temporary suspension of his license. I find this especially appalling since I myself consulted on many cases against this doctor as far back as the early 1980s.
Even these "bad apples" in the medical profession don't significantly increase malpractice insurance premiums for the rest of the doctors. The truth is that insurance companies do not make their money from premiums, but from investing those premiums. When interest rates and returns are high, the companies prosper and often reduce premiums in competition with one another. When interest rates are low (as they are now), the companies' returns suffer, and they must raise premiums to make up for the loss of investment income. In June 2003, the General Accounting Office issued a report to Congress (GAO-03-702, available at www.gao.gov) which found that insurers' pricing decisions were affected not only by their losses on malpractice claims, but also by their loss of income from investments, prior premium history and other market conditions such as market share and the level of competition.
The bottom line on tort reform is this: Research has shown that there is no evidence of rising jury awards or the so-called high cost of litigation, and that the economy is the key to rising malpractice insurance premiums.
As unfortunate as they are, high-profile litigants like Linda McDougal (the woman whose doctor conducted an unwarranted double-mastectomy) and Jessica Santillan (the 17-year-old whose doctors failed to match her organ donor) may help to educate the public. The tragedy is that the healthcare system can disfigure or kill someone and still have the nerve to ask for a cap on damages, a concept that in effect frees these paid professionals and for-profit institutions from personal accountability. Try explaining that to the injured person and their family.
As long as the healthcare industry fails to police itself, there will be plenty of work for all of us.
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