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	<title>Comments on: Texas tort reform a &quot;national success story&quot;</title>
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	<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html</link>
	<description>medical blog</description>
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		<title>By: Patrick</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-113757</link>
		<dc:creator>Patrick</dc:creator>
		<pubDate>Tue, 13 Oct 2009 02:48:08 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-113757</guid>
		<description>Great system? When they passed tort reform they also changed up the Workers Compensation system. Let me tell you my story. I am in my mid 40&#039;s and I am a long haul truck driver. I injured my back in March of 2008. The MRI and Myleogram showed that I had 3 slipped disc (the lowest 3 of the spine). I had to see only doctors that were part of the carriers group. Sort of like an HMO system. The surgeon and pain mgmt specialist both agreed that I should receive 3 epidural steroid injections. And if my condition was not improved then they would seek authorization for surgery. Every single action had to be approved by the carriers case manager. Each request would take almost 2 weeks for approval or denial. Some request took 3 weeks. My primary dr. asked for MRI that took 10 days. He then needed to refer me to a surgeon...2 weeks. And then 10 more days for appt. By the time they then got me a pain manager and requested approval for the first epidural steroid injection we were several months into this. After my first  epidural steroid injection the carrier requested the state to order me to see a &quot;Designated Doctor&quot; to determine MMI and IR rating. MMI is maximum medical improvement, IR is impairment rating. The designated doctor is suppose to be impartial. My visit with him lasted 10 minutes. He never even discussed my MRI, X-ray or Myleogram. He had his mind made up before he ever saw me. He would not even take into consideration that I was just barely into my treatment program. 2 weeks later I find out that he found me to be at MMI which means I am as well as I will ever be It also means that the carrier which in my case is AIG can discontinue my weekly payments. He also found me to be impaired but he gave me a Zero for impairment rating. I got a lawyer and it took several months but I finally got my surgery and I am much improved. We had to send a post operative report and a letter from surgeon showing that I am much improved to the state and they send it to the designated doctor. He still would not change his mind about MMI. So my Workers Comp payments were cut off in November of 2008. I use to earn an average of $1000 per week. So I was receiving a weekly check of $700. The system is set up as if the designated doctor is God. And you almost have no chance of reinstatement of benefits if you cannot get the designated dr. to change his mind. My wife was laid off in April of 2009. And since then we have had to move 2 times because we now are dirt poor. We now live with friends. YEAH WHAT A GREAT SYSTEM!</description>
		<content:encoded><![CDATA[<p>Great system? When they passed tort reform they also changed up the Workers Compensation system. Let me tell you my story. I am in my mid 40&#8217;s and I am a long haul truck driver. I injured my back in March of 2008. The MRI and Myleogram showed that I had 3 slipped disc (the lowest 3 of the spine). I had to see only doctors that were part of the carriers group. Sort of like an HMO system. The surgeon and pain mgmt specialist both agreed that I should receive 3 epidural steroid injections. And if my condition was not improved then they would seek authorization for surgery. Every single action had to be approved by the carriers case manager. Each request would take almost 2 weeks for approval or denial. Some request took 3 weeks. My primary dr. asked for MRI that took 10 days. He then needed to refer me to a surgeon&#8230;2 weeks. And then 10 more days for appt. By the time they then got me a pain manager and requested approval for the first epidural steroid injection we were several months into this. After my first  epidural steroid injection the carrier requested the state to order me to see a &#8220;Designated Doctor&#8221; to determine MMI and IR rating. MMI is maximum medical improvement, IR is impairment rating. The designated doctor is suppose to be impartial. My visit with him lasted 10 minutes. He never even discussed my MRI, X-ray or Myleogram. He had his mind made up before he ever saw me. He would not even take into consideration that I was just barely into my treatment program. 2 weeks later I find out that he found me to be at MMI which means I am as well as I will ever be It also means that the carrier which in my case is AIG can discontinue my weekly payments. He also found me to be impaired but he gave me a Zero for impairment rating. I got a lawyer and it took several months but I finally got my surgery and I am much improved. We had to send a post operative report and a letter from surgeon showing that I am much improved to the state and they send it to the designated doctor. He still would not change his mind about MMI. So my Workers Comp payments were cut off in November of 2008. I use to earn an average of $1000 per week. So I was receiving a weekly check of $700. The system is set up as if the designated doctor is God. And you almost have no chance of reinstatement of benefits if you cannot get the designated dr. to change his mind. My wife was laid off in April of 2009. And since then we have had to move 2 times because we now are dirt poor. We now live with friends. YEAH WHAT A GREAT SYSTEM!</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81086</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 20:41:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81086</guid>
		<description>You called me greedy and I&#039;ve never asked for $52 million for dry cleaning.&lt;br/&gt;&lt;br/&gt;Seriously, a doc calling someone else arrogant and greedy is the pot calling the kettle.</description>
		<content:encoded><![CDATA[<p>You called me greedy and I&#8217;ve never asked for $52 million for dry cleaning.</p>
<p>Seriously, a doc calling someone else arrogant and greedy is the pot calling the kettle.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81077</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 18:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81077</guid>
		<description>You can call me greedy when I ask for $52 million for ruined dry cleaning.&lt;br/&gt;&lt;br/&gt;No, it takes a law degree to develop that kind of arrogance and greed.&lt;br/&gt;&lt;br/&gt;The Korean dry cleaner closed his shop. You probably think that&#039;s a loke. What&#039;s the word again, &quot;inconvenienced&quot;. I remember that one used to describe a doc sued by a patient claimin paralysis.....a patient who was filmed walking around the neighborhood, taking out the garbage.</description>
		<content:encoded><![CDATA[<p>You can call me greedy when I ask for $52 million for ruined dry cleaning.</p>
<p>No, it takes a law degree to develop that kind of arrogance and greed.</p>
<p>The Korean dry cleaner closed his shop. You probably think that&#8217;s a loke. What&#8217;s the word again, &#8220;inconvenienced&#8221;. I remember that one used to describe a doc sued by a patient claimin paralysis&#8230;..a patient who was filmed walking around the neighborhood, taking out the garbage.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81066</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 15:19:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81066</guid>
		<description>&quot;Kind of like your inability to critically analyze research data and understand the conclusions in relation to the inappropriateness of given malpractice claims?&quot;&lt;br/&gt;&lt;br/&gt;What am I failing to properly analyze?  That the CP literature says that brain injuries can cause CP?  That brain injuries during birth can be caused by malpractice?  That no single study has ever ruled out malpractice as a cause of CP?&lt;br/&gt;&lt;br/&gt;It&#039;s ironic a physician who swallows insurance company &quot;statistics&quot; wholeheartedly would lecture others on critical analysis.  Aren&#039;t you the guy who believes Texas is a success, but the fact that other states without &quot;reform&quot; also had reductions doesn&#039;t enter into your thinking?</description>
		<content:encoded><![CDATA[<p>&#8220;Kind of like your inability to critically analyze research data and understand the conclusions in relation to the inappropriateness of given malpractice claims?&#8221;</p>
<p>What am I failing to properly analyze?  That the CP literature says that brain injuries can cause CP?  That brain injuries during birth can be caused by malpractice?  That no single study has ever ruled out malpractice as a cause of CP?</p>
<p>It&#8217;s ironic a physician who swallows insurance company &#8220;statistics&#8221; wholeheartedly would lecture others on critical analysis.  Aren&#8217;t you the guy who believes Texas is a success, but the fact that other states without &#8220;reform&#8221; also had reductions doesn&#8217;t enter into your thinking?</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81060</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 13:35:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81060</guid>
		<description>&quot;Again, if you want to paint everyone by the actions of a few, you better be careful&quot;&lt;br/&gt;&lt;br/&gt;Kind of like your inability to critically analyze research data and understand the conclusions in relation to the inappropriateness of given malpractice claims?</description>
		<content:encoded><![CDATA[<p>&#8220;Again, if you want to paint everyone by the actions of a few, you better be careful&#8221;</p>
<p>Kind of like your inability to critically analyze research data and understand the conclusions in relation to the inappropriateness of given malpractice claims?</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81047</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 02:08:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81047</guid>
		<description>&quot;See, I&#039;m a physician, and we have ethics. In your line of work CJD, legal ethics means when you steal money from a client, you agonize over whether you should split it with your partner.&quot;&lt;br/&gt;&lt;br/&gt;Your profession has ethics?  Since when did arrogance and greed become ethics?  Again, if you want to paint everyone by the actions of a few, you better be careful.</description>
		<content:encoded><![CDATA[<p>&#8220;See, I&#8217;m a physician, and we have ethics. In your line of work CJD, legal ethics means when you steal money from a client, you agonize over whether you should split it with your partner.&#8221;</p>
<p>Your profession has ethics?  Since when did arrogance and greed become ethics?  Again, if you want to paint everyone by the actions of a few, you better be careful.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81046</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 02:07:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81046</guid>
		<description>Texas enacted caps in 2003.  The economy started to improve late that year and has continued to.  Texas insurers, after raising rates 150%, have given back about 1/3 of that.  Have they been paying out less?  Who knows, they&#039;re not telling and you don&#039;t know.&lt;br/&gt;&lt;br/&gt;Texas insurers, like those in all states, whether they screwed the injured or not, has reduced rates as the economy improved.  And, if it tanks again, we&#039;ll have another &quot;crisis&quot;, like we do during every economic downturn.&lt;br/&gt;&lt;br/&gt;How have insurers been able to convince physicians that their insurers should be guaranteed profitability?</description>
		<content:encoded><![CDATA[<p>Texas enacted caps in 2003.  The economy started to improve late that year and has continued to.  Texas insurers, after raising rates 150%, have given back about 1/3 of that.  Have they been paying out less?  Who knows, they&#8217;re not telling and you don&#8217;t know.</p>
<p>Texas insurers, like those in all states, whether they screwed the injured or not, has reduced rates as the economy improved.  And, if it tanks again, we&#8217;ll have another &#8220;crisis&#8221;, like we do during every economic downturn.</p>
<p>How have insurers been able to convince physicians that their insurers should be guaranteed profitability?</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81045</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 17 Oct 2007 00:29:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81045</guid>
		<description>If declines in rates were due to the stock market, etc, and not due to reforms, how do you explain rates going up in other states? In my state, rates have gone up year after year. &lt;br/&gt;&lt;br/&gt;More likely, conditions in individual states, including those without caps, are responsible for changes in premiums.&lt;br/&gt;&lt;br/&gt;In Texas, they didn&#039;t go down until they enactged caps. In my state, rates continue to go up. It is NOT the stock market.</description>
		<content:encoded><![CDATA[<p>If declines in rates were due to the stock market, etc, and not due to reforms, how do you explain rates going up in other states? In my state, rates have gone up year after year. </p>
<p>More likely, conditions in individual states, including those without caps, are responsible for changes in premiums.</p>
<p>In Texas, they didn&#8217;t go down until they enactged caps. In my state, rates continue to go up. It is NOT the stock market.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81041</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Tue, 16 Oct 2007 23:18:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81041</guid>
		<description>But I do agree, not all lawyers are horrible. That 99% of crooked lawyers gives the 1% of honest lawyers a bad name.</description>
		<content:encoded><![CDATA[<p>But I do agree, not all lawyers are horrible. That 99% of crooked lawyers gives the 1% of honest lawyers a bad name.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2007/10/texas-tort-reform-national-success.html/comment-page-1#comment-81040</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Tue, 16 Oct 2007 23:17:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2007/10/texas-tort-reform-a-national-success-story.html#comment-81040</guid>
		<description>No I wouldn&#039;t do the same thing. In fact, I&#039;ve been a plaintiff witness once, a fact witness once, and reported two doctors to the Board.&lt;br/&gt;&lt;br/&gt;See, I&#039;m a physician, and we have ethics. In your line of work CJD, legal ethics means when you steal money from a client, you agonize over whether you should split it with your partner.</description>
		<content:encoded><![CDATA[<p>No I wouldn&#8217;t do the same thing. In fact, I&#8217;ve been a plaintiff witness once, a fact witness once, and reported two doctors to the Board.</p>
<p>See, I&#8217;m a physician, and we have ethics. In your line of work CJD, legal ethics means when you steal money from a client, you agonize over whether you should split it with your partner.</p>
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