There was a recent $35 million dollar settlement for the past employees of a textile company in Lexington Kentucky. This was only a partial asbestos settlement as there are over 850 employees that are involed in this class action lawsuit and as is the case with many asbestos exposre related cases - there are many companies involved.
What has happened in the law profession over the last 30 years is people have looked back on trends with illness, sickness and death of thousands of former employees of companies - most notably, manufacturing type companies where people were exposed to asbestos related material that could lead to mesothelioma, lung cancer, asbestosis and other illnesses.
As these case histories were looked at, a case can then be built. As there may be hundreds of willing victims and families looking for settlement justice, building a case is far more complicated. Since many of these companies used material from dozens of other companies, where the blame or real fault lies can be tough to prove. Also, many of these firms are no out of business. Sometimes these corporations who were accused of making and selling asbestos tainted material have been sued into bankruptcy. The proof of coming up with settlements or a guilty verdict on a class action basis is not only proof of the material but also proof of being in neglect or malice.
Since the dangers of asbestos material has only been really known since the 1970's, each lawsuit must be aware of when and if true deception or negligence was used during the period where employees or other public people were victims and deserving of class action payouts.
This was alos an issue with the merchant marines. During and after world war 2, these merchant men were using asbestos product and even making it for use during and after the war. This material was built within the walls of these ships as well. Only recently have these settlements come to life and victims and their family have seen some form of settlement justice.
Monday, July 21, 2008
Sunday, July 6, 2008
Cost Of Malpractice Insurance - Medical Malpractice
One of the areas of the medical community that is causing the biggest news in the last decade or so is the rising cost of medical malpractice insurance.
Not only is the cost to the medical community rising but the overall price rise in other aspects of medical care including health insurance - which many in the medical community blame the malpractice insurance underwriters. As the healthcare provider cost rises, so then will other charges.
Malpractice insurance in very important and a requirement for doctors and others in the medical community. With the number of lawsuits, class action cases and others on the rise - as well as medical fraud, the costs to the healthcare doctors and others in the medical field increase. This creates a dangerous atmosphere for the business and the patients.
Unless the system can be changed top to botton, the cost of malpractice protection will continue to increase. Many cite - similar to health insurace provider issues that there are not enough companies competing and thus the price for the insurance policy business remains high. This can be caused by many insurance companies not wanting to write malpractice policies or if they do, they price the premiums high enough to cover any fraud or high settlement policy issue.
Unless specific laws and policies can be changed as well as looking at the whole system, the situation will most likely get worse as there are not many new companies entering the malpractice insurance business.
Not only is the cost to the medical community rising but the overall price rise in other aspects of medical care including health insurance - which many in the medical community blame the malpractice insurance underwriters. As the healthcare provider cost rises, so then will other charges.
Malpractice insurance in very important and a requirement for doctors and others in the medical community. With the number of lawsuits, class action cases and others on the rise - as well as medical fraud, the costs to the healthcare doctors and others in the medical field increase. This creates a dangerous atmosphere for the business and the patients.
Unless the system can be changed top to botton, the cost of malpractice protection will continue to increase. Many cite - similar to health insurace provider issues that there are not enough companies competing and thus the price for the insurance policy business remains high. This can be caused by many insurance companies not wanting to write malpractice policies or if they do, they price the premiums high enough to cover any fraud or high settlement policy issue.
Unless specific laws and policies can be changed as well as looking at the whole system, the situation will most likely get worse as there are not many new companies entering the malpractice insurance business.
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