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Medical Malpractice

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The Loss Of Injury Victims' Rights: What The Injury Victim Needs to Know And What Can Be Done

The Loss Of Injury Victims' Rights - A Short History

INSURANCE COMPANY LOSSES DUE TO THE ECONOMY AND OTHER DEVELOPMENTS

For more than a decade, there has been a steady erosion of injury victims' rights for a number of reasons, much of it economic. Following an unprecedented economic expansion, the technology sector collapsed in 2000 followed by a failure of corporate accountability in many sectors including but not limited to fortune 500 companies, banks, and accounting firms throughout the U.S. Accounting fraud, embezzlement, and consumer fraud was revealed as all too commonplace, the economy crashed and recession set in. Wall Street plundering of retirement funds, outright fraud and embezzlement upon the American consumer and investor, was the subject of criminal and civil actions throughout the U.S. This preceded 9/11, which cost the country billions of dollars and robbed us of some of our greatest leading minds, economic giants many of whom were responsible for shepherding the economy. Insurance companies carried the lion's share of the the direct monetary costs and took huge losses in their investment portfolios as well due to the recession, economic turmoil, and 9/11.

CURTAILING INJURY VICTIMS' LEGAL RIGHTS TO ENSURE INSURANCE COMPANY PROFITS

Insurance is the richest and largest industry in America. They are the primary investors in the stock market, corporations, banks, and financial institutions, and their executives are on the boards, and to ensure that they continued to profit during challenging times, the insurance companies turned their attention to limiting basic legal rights. Insurance is the richest and largest industry in America and the largest investors in the stock market, other corporations, banks and other financial institutions. Their heads are on the largest corporate boards. Insurance company profits directly impact Wall Street Investments. Insurance companies give huge sums of money to the campaigns of politicians who are willing to take actions that will increase their profits. In lean times, the insurance companies seek whatever means available in an effort to continue their profits. The U.S. consumer is one of the easiest targets, so insurance companies raise insurance policy premiums on the American citizen, bringing in more money, and at the same time push hard to minimize or destroy that citizen's legal rights to obtain fair compensation. By doing so, insurance companies are able to continue making huge profits.

The insurance industry has always used its major political strength to make sure that state and federal laws favor them in the area of personal injury. Recently, however, they have had alarming success eroding the rights of those who have been seriously injured due to the negligence of others. In 2004, they achieved one of a massive legal and political victory with a Supreme Court decision ruling limiting the rights of patients to sue health plans when HMO's fail to pay for treatment recommended by their physicians and limiting the responsibility of doctors and other healthcare providers for medical negligence. The insurance industry continues to lobby hard for federal laws that limit non-economic damages that can be recovered by the victims of medical malpractice. The insurance industry has lobbied for an achieved caps on noneconomic damages in many states including Missouri and Kansas. For example, in Kansas, a person who has been rendered a paraplegic or quadriplegic and is unable to work for the rest of his life is limited to $250,000 for his or her pain and suffering. Other insurance industry efforts to limit the rights of injury victims include increasing the required burden of proof, shortening the time allowed within which to bring an action also known as the statute of limitations, and decreasing fees so that it is not economically feasible for an for an injury victim to recover for his injuries and damages due to medical negligence.

CURTAILMENT OF VICTIMS' RIGHTS GOOD FOR THE AMERICAN CONSUMER?

The insurance industry claims that all of the new limits preventing the victim of medical malpractice from exercising his legal rights are a benefit to the U.S. consumer by limiting medical malpractice lawsuits. According to the insurance industry, this will allow them to charge physicians and hospitals less for insurance, which allows these healthcare providers to charge less for medical treatment. Simply remove victim's rights to recover for their injuries and damages due to the medical negligence of healthcare providers and healthcare costs will be brought under control. The problem with this scenario is that it just isn't true. Multiple studies show that malpractice lawsuits are a minor percentage of the cases in the legal system and account for a very small percentage of the cost of healthcare. Moreover, numerous studies show that insurance companies do not simple pass along these minimal savings to the healthcare industry. Finally, inefficiencies and misguided incentives in the delivery of healthcare is being revealed as on the largest culprits of healthcare costs spiraling out of control.

So we learn the right of a victim of medical malpractice to bring a lawsuit to recover for his injuries and damages has a relatively minimal impact on healthcare costs. We also know that tens of thousands of deaths and hundreds of thousands of debilitating injuries occur every year due to preventable medical negligence. If the insurance industry has their way, these injury victims will simply fade away quietly. The question is whether this loss of patient rights to recover for injuries incurred due to medical malpractice is good for Americans. The question is whether the inability to hold negligent healthcare providers responsible for serious injuries to their patients is good for Americans. The
question is whether eliminating justice is good for Americans.

THE OBSERVATIONS OF Kansas City Accident Injury Attorneys

Over the past 19 years as a trial lawyer, I have watched the insurance industry lobby hard to continue to erode patient rights and make decisions based upon profit and loss rather than patient welfare including the welfare of those seriously injured due to medical negligence. The insurance won't be satisfied until it has eliminated the rights of personal injury victims and medical malpractice victims all together and every hurdle in the way of insurance industry profit is eliminated. In this environment, every medical malpractice victim who pursues their legal rights and obtains just compensation helps expose the true profit motives of the insurance industry. In this environment, it is important that your attorney has a wealth of experience and the staying power to take your case from start to finish.

If you or your loved one has been injured due to the negligence of another, including a doctor or other healthcare provider, you are sure to have questions. This site has been designed to answer many of your most important and immediate questions. This site is a great starting point for general information and initial research about your particular injury. There are educational videos pertaining to personal injury cases and medical malpractice claims throughout the site as well. You can also download one of our FREE books exposing the truth about personal injury or medical malpractice claims. If at any time you should have any questions about a personal injury or a medical injury, you can go to our "just ask" section and send us your question and we will promptly respond. You can also use our live chat, or just give us a call to personally discuss your case with no obligation at 816-471-5111. We can help you understand your legal rights and whether your case has merit. We guarantee a straightforward, honest opinion so that you will better understand your options. At Kansas City Accident Injury Attorneys, we've been pursuing justice on behalf of the seriously injured, including personal injury and medical malpractice victims, for more than 15 years. We understand that injuries can have a dramatic impact on your life and we are here to help.

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• I’m highly satisfied, I would call Victor again. I needed his help, and he has been a great attorney. I’m very comfortable recommending victor to other clients. Now that I’m happy with how much he’s helped me, I’m definitely recommending him to anyone that needed his help.
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