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  • ContFeesNotIncreaseLit
    Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public ContFeesNotIncreaseLit In This Section Who We Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Contingency Fees Do Not Increase Litigation There is no litigation explosion generally And the litigation that accounts for caseload increases when increases have occurred is not litigation brought by plaintiffs using contingent fees Personal injury lawsuits do not clog the courts The real increase in litigation has been from businesses suing businesses not consumers seeking compensation through personal injury litigation Businesses suing businesses in contract disputes comprised nearly half of all federal court cases filed between 1985 and 1991 Milo Geyelin Suits by Firms Exceed Those by Individuals Wall Street Journal December 3 1993 at B1 Not only do businesses suing businesses comprise the majority of cases filed in court but this category also experiences the greatest increase in the number of suits filed year after year Contract filings in federal courts increased by 232 percent between 1960 and 1988 and by 1988 were the largest category of civil cases in the federal courts Marc Galanter and Joel Rogers Institute for Legal Studies University of Wisconsin A Transformation of American Business Disputing Some Preliminary Observations working paper DPRP 10 3 April 1991 In state courts contract disputes accounted for 14 percent of all cases filed in 1991 second only to domestic relations cases which accounted for 33 percent of the cases filed Composition of Civil Caseload Filings General Jurisdiction Trial Courts National Center for State Courts 1993 The Conference of Chief Justices Statement on S 687 The Product Liability Fairness Act of 1993 Submitted to the United States Senate Committee on Commerce Science and Transportation Consumer Subcommittee September 23 1993 at 5 While contract cases utilize hourly billing most tort cases utilize the

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  • HourlyAgreement
    American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root HourlyAgreement In This Section Would Fees Be More Reasonable to Plaintiffs Under an Hourly Agreement The contingent fee helps protect the integrity of the civil justice system An hourly fee arrangement can encourage delay inefficiency and unnecessary action A contingent fee is an added inducement for a lawyer to be efficient and expeditious There does not appear to be any gross discrepancy between the effective hourly fee earned by plaintiff lawyers under the contingent fee arrangement and the normal hourly fee charged by defense attorneys in medical malpractice cases on the average Stephen K Dietz C Bruce Baird and Lawrence Berul The Medical Malpractice Legal System Report of the Secretary s Commission on Medical Malpractice U S Department of Health Education and Welfare 87 154 January 16 1973 The American Bar Association s Special Committee on the Tort Liability System expressed concern about allegations that contingent fees encourage lawsuits We take it that any litigating lawyer whatever his or her fee arrangement wants to win but it is not at all apparent that the incentives to win are unhealthily greater for lawyers working on contingency fees than for those employed at fixed hourly rates Sue Brown Do Contingency Fees Really Cause Malpractice Suits Medical Economics October 21 1985 at 55 What little empirical evidence is available confirms that averaging over cases won and lost the effective hourly earnings of attorneys paid on a contingent basis are similar to the hourly earnings of defense attorneys paid by the hour Patricia Munch Danzon Rand Corporation Institute for Civil Justice Contingent Fees for Personal Injury Litigation Summary at viii R 2458 HCA June 1980 Even as the contingent fee is being condemned by corporate America those same corporations as clients are becoming disgruntled with the hourly billing rate which has been the bedrock of their own lawyer client relationship for decades Clients are talking about fixed fees capped fees fee estimates contingent fees and discounts Blane R Prescott a partner with Hildebrandt a management consulting company based in Somerville N J in Margot Slade Billable Hour a Centerpiece of American Law Is Fading New York Times October 22 1993 at A1 emphasis added Even in a corporate setting the contingent fee offers the client the opportunity to shift the risk to the law firm Law firms are also bad at predicting the likelihood of a bad outcome especially in litigation Relying on a contingent fee in which the lawyers profit from a good outcome and share in a bad one shifts that risk too Id In fact Zoe Baird general counsel for Aetna Life Casualty Company had this to say at

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  • ContigencyFeesRegulated
    Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Would Fees Be More Reasonable to Plaintiffs Under an Hourly Agreement The contingent fee helps protect the integrity of the civil justice system An hourly fee arrangement can encourage delay inefficiency and unnecessary action A contingent fee is an added inducement for a lawyer to be efficient and expeditious There does not appear to be any gross discrepancy between the effective hourly fee earned by plaintiff lawyers under the contingent fee arrangement and the normal hourly fee charged by defense attorneys in medical malpractice cases on the average Stephen K Dietz C Bruce Baird and Lawrence Berul The Medical Malpractice Legal System Report of the Secretary s Commission on Medical Malpractice U S Department of Health Education and Welfare 87 154 January 16 1973 The American Bar Association s Special Committee on the Tort Liability System expressed concern about allegations that contingent fees encourage lawsuits We take it that any litigating lawyer whatever his or her fee arrangement wants to win but it is not at all apparent that the incentives to win are unhealthily greater for lawyers working on contingency fees than for those employed at fixed hourly rates Sue Brown Do Contingency Fees Really Cause Malpractice Suits Medical Economics October 21 1985 at 55 What little empirical evidence is available confirms that averaging over cases won and lost the effective hourly earnings of attorneys paid on a contingent basis are similar to the hourly earnings of defense attorneys paid by the hour Patricia Munch Danzon Rand Corporation Institute for Civil Justice Contingent Fees for Personal Injury Litigation Summary at viii R 2458 HCA June 1980 Even as the contingent fee is being condemned by corporate America those same corporations as clients are becoming disgruntled with the hourly billing rate which has been the bedrock of their own lawyer client relationship for decades Clients are talking about fixed fees capped fees fee estimates contingent fees and discounts Blane R Prescott a partner with Hildebrandt a management consulting company based in Somerville N J in Margot Slade Billable Hour a Centerpiece of American Law Is Fading New York Times October 22 1993 at A1 emphasis added Even in a corporate setting the contingent fee offers the client the opportunity to shift the risk to the law firm Law firms are also bad at predicting the likelihood of a bad outcome especially in litigation Relying on a contingent fee in which the lawyers profit from a good outcome and share in a bad one shifts that risk too Id In fact Zoe Baird general counsel for Aetna Life Casualty Company had this to say at the 1992 annual meeting of the American Bar Association held in San Francisco As

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  • FrivolousLawsuits
    How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root FrivolousLawsuits In This Section Contingency Fees Do Not Encourage Plaintiffs to Bring Frivolous Suits A number of studies refute the claim that the contingent fee encourages attorneys to take on nonmeritorious cases So too does simple common sense Economic disincentive alone precludes attorneys from taking a case where the plaintiff is not entitled to be compensated for injuries When a plaintiff is not compensated the attorney is not compensated The common allegation that the contingent fee induces attorneys to bring claims with little legal merit has no basis in logic The fact that the fee depends on winning provides an incentive to screen out cases with little legal merit an incentive that is lacking with an hourly fee Patricia Munch Danzon Rand Corporation Institute for Civil Justice Contingent Fees for Personal Injury Litigation Summary at viii R 2458 HCA June 1980 Similarly a U S Department of Health Education and Welfare Commission on Medical Malpractice concluded that the contingent fee does not open the courthouse doors to undeserving plaintiffs The contingent fee arrangement does not encourage lawyers to accept nonmeritorious cases with a low probability of winning just because the possible recovery is large Stephen K Dietz C Bruce Baird and Lawrence Berul The Medical Malpractice Legal System Report of the Secretary s Commission on Medical Malpractice U S Department of Health Education and Welfare 87 154 January 16 1973 While the AMA has been a proponent of limiting the contingent fee its own Special Task Force on Professional Liability and Insurance concluded Regulating contingent fees may not reduce the number or severity of suits Sue Brown Do Contingency Fees Really Cause Malpractice Suits Medical Economics October 21 1985 at 56 The American Bar Association has stated that contingent fees provide access to the courts and no justification exists for imposing special restrictions on contingent fees in medical malpractice actions American Bar Association Blueprint for Improving the Civil Justice System February 1992 According to a study conducted by the Washington

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  • WomenElderlyMiddleClass
    Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root WomenElderlyMiddleClass In This Section Women The Elderly The Middle Class and the Contingency Fee The contingent fee puts the middle class on equal footing with the wealthy Eliminating the contingent fee would price the middle class out of the market for justice and would especially disadvantage women and the elderly Without the contingent fee system none but the wealthy and powerful would be able to bear the costs associated with pursuing a claim and receiving just compensation Worse still often only those whose negligent conduct causes injury would be able to afford quality legal representation The contingent fee system allows access to the courts for middle class families This is one of the distinct differences between the United States and countries elsewhere in the world It is a hallmark of our democratic system Interestingly at a time when even former Vice President Dan Quayle has attacked the contingency fee many in England and elsewhere are discovering that it has its advantages Not only does it provide access to justice for many victims it also imposes on attorneys a powerful incentive to perform well Michael Napier For Many English Rule Impedes Access to Justice Wall Street Journal September 24 1992 at A17 Mr Napier is a practicing solicitor and a visiting professor of group actions and disaster law at Nottingham Law School Women who otherwise might be excluded from the system are able to pursue remedies through the civil justice system due to the contingent fee This is the means by which women can address the problems of sexual harassment rape dangerous products and hazardous chemicals or toxic wastes that have caused injuries or deaths It appears that juries today are awarding women and men comparable damages for comparable injuries a significant change from prior years Implicit in this perception is that in personal injury cases homemakers services are being adequately valued and compensated This fact might be explained by a greater availability of counsel in contingency fee cases Marion Silber Esq in Report of the New York Task Force on Women in the Courts XV Fordham Urban Law Journal 15 81 2 1986 87 Thirty four percent of women who are the head of a household are below the poverty line U

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  • MedMalpracticeLegalProtection
    Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root MedMalpracticeLegalProtection In This Section Malpractice Defendants Already Have Special Legal Protections In Georgia Georgia law already has some of the strongest legal protections just for doctors and hospitals In Georgia a victim of malpractice must have another doctor swear under oath that the physician or hospital committed malpractice before he or she can file a lawsuit for medical malpractice 71 In a medical malpractice trial the jury is told from the beginning of their deliberations to presume that the doctor provided appropriate care 72 If the jury makes a questionable decision in favor of a victim of malpractice the judge can reduce the verdict or even order a new trial for the doctor or the hospital 73 Even if the jury returns what

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  • MedSolutions
    Messages Post Messages On line Manage List Settings Upcoming Events Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root MedSolutions In This Section Real Legislative Solutions At the same time doctors and hospitals are being squeezed by their malpractice insurers they are also facing reduced reimbursement rates from Medicaid Medicare and HMOs Any effective solutions to the medical malpractice insurance affordability and availability problem must address these factors The Legislature should Explore the creation and promotion of new doctor and hospital owned insurance vehicles physician and hospital group mutuals trusts captives and risk retention groups In March of 2002 Joe Parker President of the Georgia Hospital Association was quoted in the Atlanta Business Chronicle as saying that within the next few weeks the GHA would roll out a medical malpractice captive product which in the long run would save hospitals money and would allow them to recoup any money not spent To date GTLA is unaware of any such concept actually being implemented or created Such insurance options would give physicians and hospitals more control over premiums risk management and litigation decision making Insurance industry experts have said that these can be created with relative ease and without as much capital as one might expect Notwithstanding MAG Mutual s conduct of late experience shows that doctor owned companies can withstand the predatory practices of the insurance industry and the drastic cycles of the insurance market Create a market assistance plan whereby the state would act as a broker to place those physicians and hospitals that cannot find coverage Require stricter and more detailed filing requirements by malpractice insurers to gauge when they are under pricing and to forecast the need for moderate increases in premiums before an economic downturn Implement tax incentives and breaks for insurance carriers to attract more carriers to be domiciled in this state Georgia s premium tax is the third highest in the nation It has caused at least

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  • MedRealCrisis
    Join GTLA Membership Renewal Update Member Profile Listserve About GTLA Lists Browse Messages Search Messages Post Messages On line Manage List Settings Upcoming Events Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root MedRealCrisis In This Section The Real Crisis Medical Negligence As stated above the cost of medical malpractice premiums are essentially one half of one percent of the total cost of health care We should be focusing instead on the cost of medical negligence on our citizens and our health care system Medical errors kill as many as 98 000 Americans every year and seriously injure another 1 000 000 per year This makes medical errors the 8th leading cause of death in the U S higher than AIDS automobile accidents and breast cancer 76 Extrapolated to Georgia s population that same study shows that nearly 2 800 Georgians die annually as a result of medical errors This correlates to more than 7 Georgians dying from malpractice every single day And another 77 Georgians are seriously injured by medical mistakes every day 75 000 hospital patients were killed in 2000 by preventable infections making it the fourth leading cause of death for Americans Infection rates are soaring nationally exacerbated by hospital cutbacks and carelessness by doctors and nurses 77 Hospital patients are 36 more likely to get an infection now than they were in the 1970s 78 Medical errors cost the economy 29 billion every year in excess medical expenses and lost productivity 79 One out of every 200 people admitted to a hospital dies because of a hospital mistake 80 Only one out of every eight patients who are killed or seriously injured by medical negligence ever files a lawsuit 81 Physicians have operated on the wrong body part or the wrong patient at least 108 times over the last two years These mistakes are completely preventable and should never happen 82 A recent study by the Harvard School of

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