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Letter to the Editor: Everybody Lost
Georgia Association of Emergency Medical Services
Honors Jeff Brown
Representative Jeff Brown and Senator Sam Zamarripa Join GBPI's Board of
Directors
EVERYBODY LOST
March 15, 2007
The Saturday, March 10, 2007 LaGrange
Daily News announced that a jury had ruled in favor of Clark Holder Clinic
and neurologist J. Connor Smith, MD. While it would appear Dr. Smith won,
there are many losers including Dr. Smith. He must have gone through
tremendous anxiety.
Mr. Cook, who was the plaintiff,
obviously lost. Also, he had the embarrassment of the public disclosure of
his Erectile Dysfunction. By the way, why are we the taxpayers of Troup
County paying for this type of surgery? (Mr. Cook was a county employee)
Many Insurance plans do not pay for this. Another loser was his wife who
lost her position at Clark Holder Clinic in addition to the embarrassment
just referenced.
Those of us who use Clark Holder Clinic
obviously lost. While their malpractice insurance pays for their attorney
insurance companies are in business to make a profit so all of that is
reflected in premiums. This in turn is passed onto those of us who pay for
part or all of our medical bill either directly or as taxpayers for public
employees and those on PeachCare, Veterans Administration, Medicaid and/or
Medicare. We pay an even higher amount for all the unnecessary tests and
procedures doctors order in case of a lawsuit.
Those people with urology problems didn’t
have access to Dr. Smith, who happens to be the only Urologist in Troup
County, while he was tied up in a courtroom most of last week.
Interestingly, there used to be four Urologists in this area. Part of this
is caused by doctors retiring early because they have had it with lawsuits,
the government increasingly decreasing the amount they reimburse providers,
insurance company hassles, etc.
The two lawyers representing Mr. Cook
lost, but don’t feel too sorry because they will quickly go to other medical
malpractice suits and win their share of them. I suspect if we looked at
their tax returns, both are millionaires. Remember, plaintiff lawyers get
approximately 40% of the total settlement plus all costs.
I sympathize with the juries in these
trials. They are not medical experts, but they must decide on complex
medical issues. I hope this doesn’t shock you but much of medicine is gray
and doctors practice differently. I have been told that the jury came out
at one point and wanted to know what the standard of care is. The answer
from the Judge was that it is something that they must decide. Creating
further confusion is that both sides had their “paid experts” who had very
different “facts”. Lawyers understand all of this and unfortunately some
concentrate on theatrics and stretch the truth.
The views in this article are mine, I am
beholden to no one for this article, wrote it entirely and I am not a
lawyer. I do this because I am very concerned about healthcare.
I believe that there are better ways.
While a legislator we took steps in that direction with Tort Reform where we
limited non-economic damages to $350,000 which helps get away from this
“Lottery Mentality” that motivates some plaintiffs and for that matter some
plaintiffs’ lawyers. This raises the question of how the Cooks could sue for
$1,000,000 for their claim of loss of consortium, because it is clearly
listed as a category of non-economic damages with a cap of $350,000.
As an aside, I heard of a survey of high
school students asking how they plan to become rich. The primary responses
were: winning the lottery, winning a lawsuit or inheriting it. Sad comment.
Tort Reform also needs to be passed by
Congress. It could additionally consist of: Panel Review whereby a
plaintiff would take his/her case to a panel of experts, loser pays,
limiting lawyer fees, frivolous lawsuits being counter sued, etc.
I support the ability of a person to seek
a formulated award such as is done in Workmens’ Compensation when an
unfortunate outcome is the result but it is not the doctor’s fault.
Certainly when there is negligence or malfeasance, the effected person
should have recourse. Also, when we find a bad provider in addition to
compensating the effected party, this provider should be removed.
Medical lawsuits are part of a larger
problem that is driven by the lottery mentality I referenced earlier and the
highest ratio of lawyers to population of any country. We are a nation
founded on the Rule of Law. Fortunately, we have lawyers to help make this
a reality. While law is a noble profession in my opinion, we somehow need
to address this ratio of lawyers to population. Think for a moment what
would happen if 25% of them were instead doctors.
If you agree with any of this I suggest
that you let your State and Federal elected officials know. If you
disagree, let’s start a dialogue because this is something where we need to
have a lot more input. The fact of life is, we are on a disastrous track of
losing hospitals and doctors such that your very life could be jeopardized
down the road. Malpractice lawsuits are a significant contributing factor.
No one has all the answers but collectively we can solve this.
Jeff Brown served in the Georgia House of
Representatives from 1994 to 2006 when he decided not to seek reelection.
During that entire time he served on the Health and Human Resources
Committee and for 10 years on the Human Relations and Aging Committee where
he chaired a subcommittee on Prescription Drugs for Low Income Seniors.
Once the Republicans became the majority party he chaired Health
Appropriations. He won numerous awards from diverse groups within
healthcare.
GEORGIA ASSOCIATION OF EMERGENCY MEDICAL SERVICES (GAEMS)
HONORS JEFF BROWN
October 17, 2006
LA GRANGE, GA: Representative Jeff
Brown was recently honored by the Georgia Association of Emergency Medical
Services (GAEMS), a statewide association representing over 14,000 EMS
professionals in Georgia. Representative Jeff Brown was presented with the
GAEMS Star of Life Legislative Award, which recognizes him as one of a
select few honored as the association’s legislators of the year for the 2006
Legislative Session.
“This is the
inaugural year for the GAEMS Star of Life Legislative Award and we are proud
to have Representative Brown as one of the first recipients,” said GAEMS
Chairman Courtney Terwilliger. “Representative Brown took the time to
listen and learn about the EMS community and industry and is quite familiar
with the challenges that our profession faces in Georgia,” continued
Terwilliger. “He was and continues to be a tremendous advocate for EMS
professionals. He was selected for this honor for his dedication to
sponsoring, speaking in favor of and voting for key issues for EMS
Professionals that our association identified in the 2005-06 Legislative
Agendas.”
“GAEMS recognized
Brown and the other inaugural members for their understanding and
appreciation for the lifesaving contributions our EMTs and Paramedics make
in their communities, 24 hours a day, 365 days a year,” said Terwilliger.
“EMTs in Georgia regularly put their lives on the line for people they do
not know and are not likely to ever see again. They do it out of
dedication, out of compassion, and out of a sincere commitment to make a
difference in the communities they serve.”
The Award is named
for the EMS Symbol, which is a blue, six-pointed star with the Rod of
Asclepius in the center. Each of the bars of the blue Star of Life
represents the six system functions of emergency medical services:
detection, reporting, response, on scene care, care in transit and transfer
to definitive care.
The Georgia Association of Emergency
Medical Services is a state-wide organization consisting of Emergency
Medical Technicians (EMT), Paramedics, EMS Administrators, EMS Educators,
EMS Medical Directors and other associates from across the State that are
passionate about delivering quality Emergency Medical Services.
www.ga-ems.com
Press Release published by the Georgia
Association of Emergency Medical Services
Representative Jeff
Brown and Senator Sam Zamarripa
Join GBPI's Board of Directors
October 2, 2006
The Georgia Budget and Policy Institute (GBPI)
is pleased to announce that the Honorable Jeff Brown (R) and the Honorable
Sam Zamarripa (D) have joined the GBPI Board of Directors. Representative
Brown and Senator Zamarripa had announced that they will not be running for
re-election and will be leaving the Georgia General Assembly at the end of
the year.
Representative Brown has served Georgia
House District 69, which includes parts of Carroll, Heard, and Troup
Counties, since 1994. Since 2005 he has served as Vice-Chair of the Health
Subcommittee of the House Appropriations Committee, and also on the
committees for Health and Human Services, Ways and Means, and Rules. A
resident of LaGrange, Representative Brown is President of Comprehensive
Search, an employment and HR services company. Brown is a member of the
Rotary International and has been appointed as a member of the LaGrange
Industrial Development Authority, Hi Tech Task Force, West Point Lake
Advisory Committee and West Georgia Technical College Foundation.
Senator Zamarripa has served Georgia
Senate District 36, which includes parts of Fulton County, since
2002. Senator Zamarripa has served on the Senate Economic Development,
Insurance and Labor, Science and Technology, and Transportation Committees.
A resident of Atlanta, Senator Zamarripa is Managing Partner of Heritage
Capitol Advisors, which provides investment banking services. He is
Co-Founder and Director of United Americas Bank, N.A. and serves on the on
the corporate boards of Assurance America Corporation, and Diaz Foods,
Incorporated. Zamarripa is also an advisory director of the Atlanta Medical
Center and holds board positions with the Atlanta College of Art, and
Atlanta Public Television. He is also Founder and Chairman of the Georgia
China Future, and Founder and Chairman of the Georgia Association of Latino
Elected Officials.
“The election of distinguished public
servants such as State Senator Zamarippa and State Representative Brown to
the Board represents a confirmation of GBPI’s excellence in its efforts to
promote effective government and sound public policy,” said Board President
Jeffrey Martin. “It also illustrates how deeply we value the Institute’s
non-partisan position.”
GBPI Executive Director Alan Essig
agrees. “The experience, perspective, balance and integrity both these men
possess will be valuable assets to GBPI as we continue to examine some of
Georgia’s most important fiscal and public policy challenges,” he said.
Alan Essig, executive director of GBPI,
is available to answer questions and can be reached at 404-420-1324 (office)
or 770-402-4630 (cell)
All of GBPI’s research reports are
available on its web site at www.gbpi.org.
ABOUT GBPI
The Georgia Budget
and Policy Institute (GBPI) is the state’s leading independent, nonprofit,
nonpartisan organization engaged in research and education on the fiscal and
economic health of the state of Georgia. The Institute provides reliable
and timely analysis of Georgia’s budget and tax policies and promotes
greater state government fiscal accountability, improved services and
enhanced quality of life for all Georgians.
Press Release published by the Georgia
Budget and Policy Institute
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