The Boston Globe reports that the F.D.A. is considering the rare move of revoking their approval of the breast cancer drug Avastin because the benefits of the drug may not outweigh the risks. Medical experts made a recommendation to the F.D.A. earlier this year condemning the drug due to its potential toxic side effects and extremely high cost. Recent studies show Avastin does not prolong a users’ life for any considerable amount of time. Experts say Avastin has drastic side effects, including “blood clots, bleeding, and heart failure.” Rob Stein, Boston Globe 08/16/2010
Avastin & Breast Cancer
August 19th, 2010What Caused the “Great Recession” (Or Depression) Of 2009?
March 18th, 2009The economic mess we’re in right now was caused primarily by the sub-prime mortgage market collapse. In his TV special “House of Cards” David Faber gave a detailed 2 hour expose’ on what happened and why. Below is a look at each level of the scheme that brought us to this crisis. What seems clear is a lack of responsibility and common sense at each level. What also seems apparent is that greed is very powerful and can have malignant consequences.
PROSPECTIVE HOMEOWNERS (the Borrowers):
It started in California. After 2001 just about anyone could get a mortgage and buy a home. It then spread across the country. It was like a “yellow brick road” to the American Dream. Many who never thought they could participate suddenly had a shot at the Dream. They could get a mortgage with insufficient income, high debt and even bad credit. Looking back some would say that as long as you could “fog a mirror” you could qualify for a mortgage, buy a home, and enjoy the American Dream. Many mortgages required no verification of income or assets. Even buyers with no credit, or bad credit, had no problem getting a mortgage.
Being offered a mortgage you can not really afford, but being told you could refinance it in a year or two, and then make a bundle because housing prices were skyrocketing, was the sales pitch. It seemed too good to be true, and too good to pass up. On both counts, it was.
MORTGAGE ORIGINATORS:
The companies that meet face to face with home buyer and prepare the mortgage applications are called originators. Originators of mortgage loans are paid a fee that is a percentage of the loan amount, for each loan they process. Due to the huge increase in mortgage applications after 2001, loan origination companies were scurrying to hire new employees – many who received little or no training. More disturbingly, there was essentially no registration or licensing requirements in most states for the loan origination industry.
From 2001 to 2005 there was a “housing bubble” in many parts of the country. This occurs when home prices rapidly and dramatically increase in price, usually because of low interest rates, relaxed lending standards and speculation fever, about “flipping” i.e buying a house and then selling it at a significant profit a short time later.
When the mortgage market took off due to the housing bubble, even former pizza delivery persons could get a job working for a mortgage originator, and go from making minimum wage plus tips, to $20K or more a month as a “loan officer.”
The downside risk to the originators of the risky, sub-prime mortgages was minimal. The originators were paid a healthy origination fee on each mortgage they generated. There was no penalty for generating risky loans, even if they were based on mortgage applications that contained inaccurate statements about the borrower’s qualifications and ability to pay. The originators bundled large groups of mortgages together, some good and some bad. They then sold these bundles, passing off the risk of the sub-prime loans. The amount of money that mortgage originators made in this scheme was staggering.
As long as housing prices continued to rise there was no apparent downside to home buyer & borrowers. And, they faced no real consequences for submitting less than completely accurate information in their application for a mortgage.
“No document” or “minimal document” loans were often generated by the originators and even encouraged. Such mortgages produced profitable fees for originators, but received little to no scrutiny as to whether they were good or risky loans. These kind of loans grew to become routine with many mortgage originators. Over time, mortgages issued without documentation to confirm the borrower’s income, assets, debts and creditworthiness became common place.
WALL STREET - A Substitute for Freddie Mac and Fannie Mac
When Freddie Mac and Fannie Mac “passed” on buying up some of the sub-prime mortgage bundles offered by the originators, Wall Street firms were happy to step in and buy the mortgage bundles. Wall Street repackaged them as mortgage-backed securities and later more complex financial instruments such as CDO’s (collateralized debt obligations). If one firm on Wall Street hesitated to buy an originator’s bundle of mortgages, the next Wall Street firm would be happy to buy them. The competition for these bundles of mortgages, which Wall Street could resell as so-called “investment grade” securities for large profits, increased dramatically. Soon it seemed no bundle of sub-prime mortgages was too risky to float. There was just too much money to be made in the process.
At the same time there was essentially no government scrutiny of these new securities. There were no specific limitations or regulations on what Wall Street’s investment banking houses could do with these mortgages. Nor was there meaningful oversight by the SEC or other federal regulatory agencies.
This, and the massive profits made in selling these mortgage backed securities led to an ever increasing demand by Wall Street for more mortgage bundles. They could make billions repackaging and reselling these mortgages as securities.
Wall Street firms sold these repackaged mortgages around the world – to individual investors, institutional investors, cities and governments – as “investment grade” securities. Investment grade securities are considered the least risky of all investments. They are given a “rating” which runs from the “AAA”, the highest rating, to “BBB” the lower end of “investment grade.” For example, Faber’s special told the story of a small city in Norway that invested millions in CDO’s purchased through a highly regarded London brokerage firm. They were told that their investment was rated “AAA” by well known and reliable rating firms. The city had no reason to know, or even suspect, that their investment was risky. They relied on the ratings and the reputation of the London and Wall Street firms that were selling these instruments as “investment grade” securities.
FREDDIE & FANNIE REJOIN THE PROCESS:
Fannie Mac and Freddie Mac are the largest mortgage lending companies in the world. After a while they saw that billions were being made by Wall Street firms selling the sub-prime mortgages as investment grade securities. They decided they were missing out. So, they rejoined the process and also started buying up sub-prime mortgage bundles to resell as mortgage backed securities. This further increased the demand for bundles of new mortgages. It also increased the competition among buyers of these mortgages (like Freddie, Fannie and Wall Street firms) to acquire more and more new mortgage bundles. The result was an ever rising demand on an already frenzied market hungry to buy up and sell sub-prime mortgage bundles. The high demand drove originators to be more aggressive in making mortgage loans, and even less selective in the quality of the loans they made and bundled.
THE ENABLERS? – Investment Rating Firms:
This process, or scheme, probably worked because of the investment ratings given to the mortgage backed securities sold on Wall Street. The reason they were “selling like hot cakes” was because they were rated by S&P’s, Moody’s, Best and other rating agencies as “Investment Grade” securities. If the true risk of these securities was accurately represented in their ratings, it is doubtful that these “toxic” investments would have spread so quickly and pervasively to investors around the world.
Obviously, these new securities were not “investment grade.” Some former employees of the rating firms appeared on Farber’s “House of Cards” broadcast and admitted that their firms this was the case. The problem was that if one rating firm would not give the desired rating, the Wall Street client would just take its securities offering to another rating firm, who would give the needed stamp of approval. The competition among rating firms, and the attractive fees associated with the rating process, resulted in rating firms, in the view of some observers, “selling their souls.” They invented complex, mathematic formulas to try to intellectually justify the “investment grade” ratings given to these securities. This made the ratings appear to be based on rational and reliable analysis. With an “investment grade” rating from a well known and respected rating firm, Wall Street was able to sell these new and risky securities as fast as they could offer them.
This process worked smoothly and went essentially unnoticed for years. This was primarily due to two factors, i.e. the “Housing Bubble” and the time delay before the number of sub-prime mortgage defaults inevitably went ballistic.
The “Housing Bubble” resulted in residential homes increasing in value faster than ever before in our country’s history. Home prices were increasing in some locales by double digit percentages in the course of a single year. While this was happening homeowner with sub-prime mortgage, that they really could not afford, had a safety net. They could simply re-finance, probably get a lower monthly payment, and even put some extra cash in their pocket from the refinance. With the extra cash the homeowner could buy (or pay off) a car, pay off their credit cards or contract for an addition or other improvements to their home. This greatly stimulated the consumer economy, giving it the appearance of being strong and bustling.
What’s wrong with this picture? One of the problems was that the Wall Street firms relied on a big assumption. Their whole scheme assumed that housing prices in the USA would continue to rise annually at a rate of 6% or more – indefinitely. This estimate was without precedent, irrational and unreasonable, according to economists and students of history. We’ve all heard the saying that “what goes up, must come down.”
With mortgage backed securities, and then CDOs, comprised of thousands of loans that borrowers could not afford to pay, it was just a matter of time before loan defaults and foreclosures started. Once the defaults started, they snowballed, and foreclosure rates soared. This eventually caused housing prices to decline dramatically. By 2007 there was an over-supply of homes for sale on the market. These homes were only being sold at distressed-sale prices. So, the “housing bubble” burst. With that, the ability of a borrower to avoid disaster by refinancing a sub-prime mortgage they could not really afford evaporated. Borrowers found themselves stuck with mortgages they could not afford to pay. Even worse, they now found that their mortgage was “upside down,” that is, the amount of their mortgage was more than the value of their house. This drove many homeowners to walk away from their mortgages, with the inevitable increase in defaults and foreclosures. With more foreclosed homes on the market at distressed prices a downward spiral in housing prices followed. What began as a modest snowball rolling down the hill turned into a massive avalanche.
The GOVERNMENT
What was the government’s role in all this? Some might call it encouraging “free enterprise.” Others might say the government was “asleep at the wheel.” What its called probably has more to do with one’s political views than reality and common sense. What is not debatable, however, is that the U.S. government stood on the sidelines and did nothing.
Federal Reserve Chairman Alan Greenspan admitted to Faber that his monetary policies probably supported and encouraged the sub-prime mortgage process. His goal of promoting economic growth focused on keeping interest rates low and employment up. He had no desire to pursue monetary policies that would stop the sub-prime mortgage scheme because doing so would necessarily cause a dramatic increase in interest rates, which would depress general business activity. Such action would also cause unemployment to skyrocket, up to perhaps 10%, or more. Even if he saw it coming, Chairman Greenspan simply could not stop the process without being blamed for sabotaging the U.S. economy. Interestingly, Greenspan even admitted to David Farber that he, with all his economic genius, did not fully understand the complex CDO instruments Wall Street was selling to investors.
MY VIEW:
The sub-prime mortgage mess makes it clear that whether you like government or not, there is a place for it, and for regulation. Otherwise, greed and a policy of “anything goes in business” eventually will get out of control. Here, trusted and well respected businesses and institutions charged down paths capable of destroying whole economies, and possibly the financial stability of the entire World.
Some might say these titans of business, these pillars of our society in their grand financial institutions, would never do that – they have more ethics and responsibility than most of us Americans.
Others might say, if you stand to make a bonus of $160 million in one year, and there are no regulations or laws specifying that what you’re doing is illegal or wrong, you can rationalize doing just about anything – no matter how irresponsible it is; and no matter how much damage it causes.
Gary Craw
UPDATE: Getting Your Medical Bills Paid in Personal Injury Cases in Colorado
February 15th, 2009It is now clear that the proper amount of medical bills recoverable in Colorado personal injury accidents is not limited to the reduced amount paid by your health insurance company.
Since our article of August 31, 2008, which discussed whether an injured motorist can recover as medical bill damages the amount of his/her bills, or only the reduced amount that his/her health insurance paid for such bills, a new and important appellate case has been decided. In our August article we told you of the case of Steidinger v. Hilton, the first Colorado Appellate decision to address this recurring issue. That case, however, did not fully settle the issue because it was issued as a “non published” decision, which means its importance as legal precedent was limited.
The Colorado Court of Appeals has now issued a published decision on the issue that is controlling precedent. In Tucker v. Volunteers of America the Court held that a trial judge was wrong in limiting the amount of medical bill damages recoverable to the reduced amount of medical bills paid by the injured person’s health insurance. The Court of Appeals reasoned that the person at fault for injuries should not profit because his victim happened to have health insurance. The Court further explained that if the person at fault profited from health insurance that his victim had, victims who did not have health insurance would end up recovering even more damages than victims who had health insurance. The Court found such a result made no sense.
By Gary S. Craw
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.
In a Car Accident? – 10 Tips On What To Do
February 10th, 2009No one expects to be in a car accident, but many accidents happen every day. Statistics show that nearly all of us will be in a motor vehicle accident at some time or other. Knowing what to do when an accident happens is important. It can make all the difference if you, your family or your friends are hurt and need help. Doing the right things after a crash can also ensure that the insurance companies treat you fairly and compensate you for medical bills, loss of income and any physical injuries.
If you are involved in an accident, the following tips are recommended:
1. GET HELP IF NEEDED. If anyone is injured call 911. Medical care within the first hour after an injury is critical.
2. NOTIFY THE POLICE. This is required by law in most states before you can leave the scene if anyone is injured, or there is any significant property damage. It’s a mistake to just exchange names and phone numbers with the other driver and leave the scene. Call the police. Be sure to get the name of the officer at the scene and write it down.
3. GET CRUCIAL INFORMATION. Get contact information from each of the other drivers involved in the accident. Jot down their name, address and phone number. Make a note of the color, make and model of their vehicle, and get their license plate if you can. The police officer can help you get all this information, and will often have a form for you to exchange with the other driver or drivers involved. Do not be afraid to ask such information or the form.
4. IDENTIFY WITNESSES. Get the names and contact information of anyone who saw the accident. If you can, do this quickly. Often, people who saw the collision will stop for a short time but leave before the police arrive. Other motorists, passengers or pedestrians can be critical witnesses. Get their name and phone number.
5. DO NOT DISCUSS FAULT. Do not blame the other driver even if they were clearly at fault. It may just start an argument. But if another driver admits they were at fault, make a mental note of it. When you get home, jot down precisely what they said. Even if you feel you may have been partially at fault, do not say anything that admits your feeling. Fault is often a complex determination based on the facts and complicated laws. Leave that issue for the police to decide – or an attorney, if necessary.
6. WRITE A NOTE TO YOURSELF AFTERWARDS. After the accident write a note to yourself (and possibly for your attorney if you need one later). Include all the information you have gathered and can remember while it is fresh in your mind. Explain how the accident happened as best you can. Drawing a sketch or diagram of the collision will be a helpful memory aid later. It may be months, or even years, before the insurance companies fully resolve any claims.
7. CALL YOUR INSURANCE AGENT. All insurance policies require you to notify your insurance company. This must be done shortly after the accident. Unnecessary delay in notifying your insurance company about a crash can result in a denial of your right to insurance benefits and protection.
8. STATE ACCIDENT REPORTS. If anyone is injured, or there is significant property damage, you must file a State Accident Report in most states. The form, with directions, can be obtained from a police department. This report must be filed within 10 days after an accident in Colorado.
9. TAKE PICTURES. “A picture is worth a thousand words.” Today most of us have a camera in our cell phones. If you can, and it is safe, take pictures of the vehicles before they are moved. Pictures of the damage and position of the vehicles can be very important. They can prove how the accident happened and document the force of the collision. This can be important evidence if the accident caused injuries. If you’re not able to take pictures, ask one of your passengers who is alright or a witness, to do it for you. After you get emergency care and are home, remember to take pictures of your injuries – any cuts, bruises or bandages, and any casts or crutches. It is particularly important to take a picture of any seat belt bruise on the front of your shoulders and chest. This bruise may not develop right away. Taking a picture of it can keep the other side from claiming that you were not wearing a seat belt.
10. PROTECT YOUR RIGHTS. To protect your rights you must act quickly and correctly after a motor vehicle accident. Deciding fault can be complicated. Insurance coverage, and how to get your medical bills paid, can be very confusing and frustrating. Insurance adjustors may call and ask you to give them a tape recorded statement. Do you have to do that? Should you do that? You may have many questions about your rights, and your obligations to insurance companies and their representatives. You may have questions about whether the insurance companies are treating you fairly. Don’t jeopardize your rights. CALL AN EXPERIENCED ATTORNEY who specializes in accident and injury claims for advice and answers to your questions.
When an accident happens and somebody is hurt, follow the above tips if you can. Afterwards call an attorney for further help and advice. Doing these things will protect your rights, avoid common mistakes that delay or prevent you from getting your medical bills paid or your lost income reimbursed, and help ensure that you are treated fairly by the insurance companies.
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.
Lessons Learned From the Bernie Madoff Scheme
December 29th, 2008Most of you by now have read articles about Bernie Madoff, the investment “genius” who consistently obtained double digit returns for his investors for over 20 years, by what turned out to be a “Ponzi scheme.”Though most of us are not investing at the Bernie Madoff level ($1,000,000 +), the loss of tens of thousands of dollars could be just as catastrophic.
It appears that the money people invested with Madoff was simply stolen. No underlying assets remain for his investors. The victims of Madoff’s $50 billion fraud will probably not get back any of their initial investment. Because of this, Madoff’s investors are much worse off than those of us whose securities have suffered a serious market decline, but may appreciate again one day.
Keep in mind that if your investments are placed with a legitimate broker, they may be covered by SIPC insurance. The SIPC (Securities Investor Protection Corporation) protects up to $500,000 of your securities investments in the event they are stolen, or your brokerage firm closes due to bankruptcy. SIPC insurance covers stocks, bonds, mutual funds shares and most registered securities. Some brokerage companies even provide additional insurance in excess of the SIPC insurance amount. However, SIPC does not cover all investments. For example, unregistered investment contracts, unregistered limited partnerships, fixed annuity contracts, currency, and interests in gold, silver, or other commodity futures contracts or commodity options are not covered by SIPC insurance. It is important to remember that SIPC does not protect against market losses. Nor does it cover your losses if you hold the stock of a company that goes bankrupt.
The Madoff scheme reminds us to heed basic lessons about investing. While our firm does not provide investment advice for our clients, one of the primary and better known rules of successful investing is diversification. Too often this basic principle is overlooked when a particular investment is highly profitable. It’s wise to keep the benefits of diversification in mind even when some of your investments are soaring.
Years ago there was a popular book by Robert Fulghum entitled “All I Really Need to Know I Learned in Kindergarten.” A variation on the theme of that book is that life’s most important lessons are often those we learned as children.We can probably all recall our parents telling us life lessons like:
- If it sounds too good to be true, it probably is
- Slow and steady wins the race
- There is no such thing as a free lunch
- Don’t put all your eggs in one basket.
Even today these old sayings contain truth and wisdom that can guide us to successful investing.
The current economic times are difficult for all of us, and they can be devastating for anyone who is victimized by a fraudulent investment scheme. If you have confidence in your investment advisor, sit down with him or her and review your current investments. Keep the suggestions, above, in mind and be sure to ask questions. Then determine if the recommendations of your investment advisor “hold up” and meet your particular needs and comfort level.
Larry Gaddis, 12/28/08
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions.
You can return to our website by clicking here www.GaddisKinHerd.com.
DEATH RATES 70% LOWER AT TOP HOSPITALS
October 14th, 2008If you are going to have an operation, even a routine surgery, you should check out the ranking of the hospital where you plan to have your operation.
On October 14, 2008, HealthDay News reported that the “death rate at top-ranked U.S. hospitals is 70 percent lower than at the lowest-ranked hospitals, according to a study that examined 41 million patient records at the nation’s approximately 5,000 hospitals over three years.”
This conclusion was based on the 11th Annual HealthGrades Hospital Quality in America Study, which ranked hospitals from 1 star to a maximum of 5 stars.
The study also concluded that 237,420 Medicare patient deaths could have potentially been prevent from 2005 to 2007 if all hospitals in the USA performed at the top-rated 5 Star level. More than half of these deaths were caused by only 4 conditions: sepsis (system wide infection); pneumonia; heart failure and respiratory failure.
Geography played a significant factor in the risk of death according to the study. Illinois, Indiana, Michigan, Ohio and Wisconsin had the lowest overall death rates; whereas Alabama, Kentucky, Mississippi and Tennessee had the highest.
An author of the study commented that “Geography should not be a major factor in patients’ outcomes. If our nation’s hospitals are to close the quality gap and guarantee an equally high level of medical care for every patient, no matter where he or she lives, it will require a commitment by our nation and its communities to demand more from quality improvement” commented Dr. Samantha Collier, HealthGrades’ chief medical officer.
“Until then, it is imperative that anyone seeking medical care at a hospital do their homework and know the hospital’s quality rating before they check in,” Collier said in a news release issued by HealthGrades, a Colorado-based independent healthcare ratings organization found at www.healthgrades.com
You can find Heathgrades’ 2009 quality ratings for all private hospitals in the USA, including those in the State of Colorado, at their above web site.
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.
Getting Your Medical Bills Paid in Colorado Car Accident Cases
August 31st, 2008Can you recover all your medical bills from a car accident, or just the amount your health insurance paid for the bills? This question comes up in nearly all personal injury claims from car accident cases.
In July 2003 Colorado changed from a no-fault auto insurance system to a fault-based system. Ever since this change there has been a great deal of debate about the amount of damages that can be recovered for medical bills resulting from a car accident. As is often the case, the insurance industry has taken a very different position on this issue than personal injury lawyers who help innocent persons injured in a car accident. Experienced personal injury lawyers who work on auto accident cases believe that the full amount of medical bills incurred should be recoverable as damages. After all, these medical expenses would not have been incurred but for the carelessness of another driver.
In contrast, insurance companies take the view that they should only have to pay the part of the medical bills actually paid by an injured person’s health insurance. They claim that if they are required to pay any more than that, the injured person gets an unfair “windfall” in compensation for damages that he or she did not have to pay.
An example may help make this issue clearer. Suppose you were seriously injured in a car accident by a driver who crashed into the rear-end of your vehicle while you were stopped at a red light. And suppose the medical bills for your injuries amounted to $30,000.00. Because you had health insurance, your health insurance paid for your medical bills. However, your health insurance only had to pay two-thirds of the actual medical bills, or $20,000.00. How much are you entitled to recover for medical damages from the negligent driver: the $30,000.00 in medical expenses billed, or the $20,000.00 in medical expenses paid by your health insurance company?
Until recently the answer was unclear because there was no case law decisions from Colorado’s appellate courts. Most of our trial courts held that you are entitled to recover the entire $30,000.00 in medical bills caused by the car accident. The reasoning is that the negligent driver who injured you should not get the benefit of insurance coverage that you obtained and paid for. If there is a “windfall,” it should be received by the person who paid for the health insurance – not the negligent driver who caused the injuries and necessitated the medical bills. Some of our trial courts, however, held that you can only recover the portion of your medical bills actually paid by your health insurance company.
Finally, the issue has been addressed by an Appellate Court in Colorado. On August 28, 2008, the Colorado Court of Appeals decision in Steidinger v Hilton was issued. In that case Steidinger was a passenger in a car driven by Hilton. As a result of Hilton’s careless and negligent driving, Steidinger was seriously injured and incurred $53,000.00 in medical bills. Steidinger had medical insurance that paid off his bills for the reduced amount of $25,000.00. At trial the question was whether Steidinger should recover $53,000.00 in medical damages, or only $25,000.00 (the amount paid by his health insurance). The trial court ruled that Steidinger was entitled to recover the full amount of his medical bills, $53,000.00. The jury verdict gave that amount to Steidinger. Hilton and his insurance company appealed claiming that the verdict was excessive and resulted in an unfair “windfall” to Steidinger. The Court of Appeals disagreed with them. Relying on a Colorado Statute, the Court found that Steidinger was entitled by law to recover the full amount of his medical bills – not just the reduced amount that was paid by his health insurance.
This case is important because it is the first appellate decision addressing this issue, which comes up in nearly every car accident injury case since the no-fault insurance system in Colorado ended in 2003.
Strangely, the Court of Appeals decision in Steidinger v.Hilton was released as a “non published” decision. This means that it will not appear in the official law books. That is unfortunate because it is the only appellate court decision in Colorado to give guidance to the trial courts on a critical issue that keeps coming up in nearly all auto accident personal injury cases.
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.
Some Medical Malpractice Defense Lawyer Tactics Try To Kept Truth From Being Known
July 18th, 2008For those of us that do medical malpractice litigation it is quite disappointing to see the extraordinary lengths to which defendant doctors and hospitals will go to avoid responsibility. A recent deposition I went to provides a good example of a obvious attempt to intimidate plaintiff’s expert doctor from testifying about malpractice.
The plaintiff bled to death after routine gall bladder procedure. The negligence in the case was, in my opinion, obvious. You shouldn’t end up bleeding to death over gall bladder surgery – unless there has been negligence.
This opinion of mine was confirmed by a respected General Surgeon, who is also a professor of medicine and surgery at the University of Nebraska Medical Center. The defense lawyer recently took his deposition. During the deposition the defense lawyer used only one Exhibit – a magazine article. The Article, published by a physician who is strongly against malpractice litigation, and his wife, an attorney who defends doctors charged with malpractice, was nothing less than an attempt to intimidate the our expert witness from testifying at trial.
The article said that the economic realities for most physician’s income are such that they must supplement their income from practice by testifying as an expert witnesses. The article then discussed at length an unusual decision in which a neurosurgeon was suspended from membership in the American Association of Neurological Surgeons because he served as an expert and gave testimony in favor of a plaintiff in a medical malpractice lawsuit. The article went on to cite chilling examples of other lawsuits and disciplinary proceedings against physicians who testify in medical malpractice cases.
The article plainly stated the view to which it aspired: recent decisions of courts, medical boards, and physician organizations, are penalizing doctors for testifying in medical malpractice cases, which will hopefully result in expert witnesses who testified for plaintiffs becoming an endangered species. The article called for medical licensing boards and physician’s specialty organizations to impose rigid scrutiny, and more professional discipline, on doctors who are willing to testify against other doctors; it proposed state laws that impose difficult limitations for expert medical witnesses to be allowed to testify; and, finally, it cited a medical board decision from another state where a doctor’s license was suspended for giving expert testimony in the courtroom regarding the medicine in a malpractice case – medicine which all physicians agree is an “art” and not always a science.
This article had nothing to do with any of the issues in my client’s malpractice case. The defense lawyer brought it to my expert’s attention, and went over it with him in depth, for just one purpose: to make him think twice about serving as an expert witness for the plaintiff in a medical malpractice claim against another doctor. In less socially acceptable terms, some would call such conduct an attempt to intimidate a witness.
This time it didn’t work. You have to wonder how long that will be the result of such tactics.
By Gary Craw, Gaddis, Kin & Herd, P.C.
If you want more information about this issue or other issues relating to medical malpractice cases please contact me at 800-471-3848. Or, visit our Website: www.GaddisKinHerd.com.
Colorado Springs Personal Injury Attorneys
July 18th, 2008We would like to welcome you to the Gaddis, Kin & Herd, P.C. blog. We will be posting many useful articles and information related to our areas of specialty: Personal Injury, Product Liability, Malpractice, Insurance Bad Faith, Estate Planning, Wills & Trusts, Probate, Real Estate, Business Matters, Liquor Licensing, and Civil Litigation.
Please contact us with any questions you may have at 719.471.3848. You can also email us HERE with your inquiry or questions. Our website can be found at www.GaddisKinHerd.com.
Thanks again for visiting and we look forward to speaking with you should you ever need our services.
