Protect the Rights of Defendants

The laws of this country that were designed to protect its citizens from unfair prosecution are being blatantly violated by strict interpretation of malpractice law. In matters of lawsuits, a litigant is enabled in the field of medicine to bring medical bills to the jury in order to make claims on these objective damages, but the current law allows the plaintiff to claim these damages regardless of whether or not they have already been paid by the insurance company. In this matter, the defence counsel is not allowed to present evidence to the jury about the status of the damages (whether or not they have been paid by the insurance firms) and the insurance companies are not allowed to be informed that the plaintiff has already collected these damages. Moreover, if a plaintiff is awarded these objective damages due to the jury\'s ignorance on their status, the money collected by the prosecution is tax-free and goes only to line the pockets of greedy lawyers and litigants. Essentially, the law promotes frivolous lawsuits and gives reward to those who clog the court system with fraudulent claims. In order to help protect healthcare providers from this legalized extortion, it is essential that this law be rewritten or repealed.

Sponsor

I, Steven Sheppard, the sponsor of this petition, am a doctor\'s son. I have lived all my life plagued by the problems of our judicial system as it applies to doctor\'s rights and have been forced to action by my firsthand experiences with the unfair, double-sidedness of the law as it applies to lawsuit defendants. I believe that the only way to ensure justice for all is to demand justice for all, and that is why I have started this petition, so that hopefully an oppressive and unfair law can be removed or rewritten and protection given to those who need it most, the defendants.

Links

A website showing the need for Tort Reform in America http://www.cej-online.org/tortrefo.php A News Article Showing the Parallel of Lawsuits and Affected Healthcare http://www.showmenews.com/2004/Jul/20040717Busi006.asp A Definition of the law in question, known as the Collateral Source Rule. http://www.expertlaw.com/library/malpractice_by_state/Texas.html

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