Wisconsin Injury Attorneys

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					Frivolous Lawsuits
   Fact or Fiction?
                              Bill Burns
                              Holborn Corporation
                              September 23, 2002




     HOLBORN CORPORATION
           Established 1920
           Employee Owned
“The _____ doth protest too much,
methinks”

              A.      Doctors
              B.      Insurance Industry
              C.      Lawyers
              D.      All of the above




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HOLBORN CORPORATION
    Ground Rules

   Malpractice DOES happen and comes with a
    price

   Insurance companies DID make mistakes in the
    90‟s (Remember the soft market?)



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HOLBORN CORPORATION
  What Do Plaintiff Attorneys Say?

  “The fundamental assumptions upon which
    the „tort reform‟ movement is based (i.e.,
    that an uncontrollable tide of „frivolous
    lawsuits‟ is flooding the nation) is a fiction
    that is unsupported by the facts.

                               (cont’d)




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HOLBORN CORPORATION
  “So where is the litigation explosion? Only in
    the minds and skewed statistics proffered
    by insurance industry spokespersons and
    lobbyists.”

                       Bucks County (PA) attorney
                       August 2002



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HOLBORN CORPORATION
  Frivolous Lawsuits? – You Be the Judge

       Big Guy vs Big Food
       Man Who Thought He Was Dead Sues
        Airline
       Beagle Bites Back
       Louisville Slugger



                                           6

HOLBORN CORPORATION
  Definition
  Medical malpractice is the failure of a health
  care provider to exercise the degree of care
  required of a professional in the same type
  of practice rendering comparable care under
  similar circumstances and that proximately
  causes injury to a patient.



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HOLBORN CORPORATION
  For there to be a finding of malpractice
  the plaintiff must show:

     Existence of legal duty
     Breach of duty
          Nonfeasance

          Malfeasance

     Proximate cause
     Damages sustained


                                             8

HOLBORN CORPORATION
  You Be the Judge II
     You Mean I‟m Suing that Nice Doctor?
     Doctor Strikes Back
     Secret Deal Unraveled




                                             9

HOLBORN CORPORATION
  More From Plaintiff Attorneys

     “Med mal insurers are making a profit”
     “There are far fewer lawsuits than there could
      be”
     “It doesn‟t have to be negligence – it just has
      to look that way”



                                                        10

HOLBORN CORPORATION
  AMA Study
  Released June 2002 showing medical
  liability insurance has:
      • Reached crisis proportions in 12 states
      • Is “OK” in 6 states
      • Is showing problem signs in all other states




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HOLBORN CORPORATION
  Crisis States

           Florida          Ohio
           Georgia          Oregon
           Mississippi      Pennsylvania
           Nevada           Texas
           New Jersey       Washington
           New York         West Virginia

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HOLBORN CORPORATION
  “OK” States

           California      Louisiana
           Colorado        New Mexico
           Indiana         Wisconsin




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HOLBORN CORPORATION
  Medical Economics Study

     Identified states with the highest and lowest
      number of lawyers per capita, who have won
      $1M jury verdicts in civil litigation including
      malpractice.
     Source: Million-Dollar Advocate Forum – U.S.
      Census Bureau



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HOLBORN CORPORATION
    Highest Number of $1M Lawyers (#)

   District of Columbia (15.7)      Nevada (19.5)
   Florida (17.6)                   New Jersey (12.4)
   Hawaii (10.6)                    Ohio (10.7)
   Missouri (12.4)                  Pennsylvania (16)
   Mississippi (11.9)               West Virginia (13.3)




                                                         15

HOLBORN CORPORATION
    Lowest Number of $1M Lawyers (#)

   Colorado (1.6)        North Dakota (0)
   Idaho (1.5)           Oregon (2.0)
   Indiana (2.1)         South Dakota (1.3)
   Nebraska (1.8)        Utah (3.1)
   New Mexico (1.6)      Wisconsin (2.2)




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HOLBORN CORPORATION
  So What‟s the Answer?

      Tort reform?
              Who decides what is fair?
              What if it happened to you?

      Are we overlooking other solutions?




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HOLBORN CORPORATION
  Something To Think About

     What is the role of managed care in this
      mess?




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HOLBORN CORPORATION

				
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