Author: Hamilton

Legislature Considers Prior Injury Cover-up Act

In the waning days of session, plaintiffs’ attorneys are attempting to ram through sweeping legislation that would severely undermine a defendant’s ability to perform discovery in civil actions. If enacted, AB 815/SB 628 would tip the scales of justice overwhelmingly in favor of plaintiffs by limiting a defendant’s ability to access a plaintiff’s medical records during discovery. The legislation would also severely limit medical examinations when the plaintiff is claiming damages for injuries related to the accident. As a result of these far reaching proposals, AB 815/SB 628 will negatively impact that courts’ ability to search for the truth.

In turn, this will negatively affect the business community. Without proper discovery of prior medical conditions, plaintiffs’ attorneys will seek and obtain higher jackpots for injuries that could have occurred years prior to the accident and which have no relationship with alleged injuries in the civil action.

The Assembly Committee on Judiciary and Ethics has scheduled a public hearing on Tuesday, April 6 at 10:00 a.m., Room 225 NW, State Capitol. Continue reading “Legislature Considers Prior Injury Cover-up Act”

Bill Would Limit Access to Plaintiff’s Medical Records and Examinations

At the behest of the plaintiffs’ bar, a bill introduced in the Assembly this week would substantially limit a defendant’s attorney from determining whether a plaintiff’s injuries were the actual result of the accident caused by the defendant.

Below is a synopsis of AB 815. WCJC will provide timely updates of this bill.

Continue reading “Bill Would Limit Access to Plaintiff’s Medical Records and Examinations”

Assembly Labor Committee to Hold Public Hearing “False Claims” Bill

The Assembly Committee on Labor on Wednesday, March 10 (10:00 a.m.) will hold a public hearing on AB 792, relating to false claims submitted to state and local governments.

WCJC opposes AB 792 because it encourages abusive litigation by providing incentives for plaintiffs’ attorneys to bring lawsuits on behalf of the state. WCJC further opposes AB 792 because it is unnecessary – existing laws provide meaningful avenues for the state to prosecute those who file false claims. Continue reading “Assembly Labor Committee to Hold Public Hearing “False Claims” Bill”

Senate Committee Holds Public Hearing on Bill Prohibiting Employment Discrimination Based on Credit History

The Senate Committee on Labor, Elections and Urban Affairs is holding a public hearing tomorrow (Dec. 15) on Senate Bill 275, prohibiting employment discrimination based on credit history. If enacted, SB 275 would subject employers to significant punitive and compensatory damages. Therefore, WCJC is opposes the bill. Continue reading “Senate Committee Holds Public Hearing on Bill Prohibiting Employment Discrimination Based on Credit History”

Tort Reform Key to Affordable Health Care

As the debate over health care reform continues in Washington, the issue of medical liability is also gaining quite a bit of attention.

That’s because the Congressional Budget Office, the non-partisan research arm of Congress, issued an analysis of proposals aimed at limiting costs to related to medical malpractice liability. The CBO found that by implementing certain medical liability measures, federal spending would be reduced by $41 billion over ten years and reduce the federal deficit by $54 billion.

In addition to the CBO’s finding, the Pacific Research Institute released a study regarding the costs of medical malpractice liability. According to the study, medical malpractice tort losses totaled $5.894 billion in 2008. For more information on the costs associated with medical liability lawsuits, please visit the Pacific Research Institute’s Website.