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Governor Rick Perry from Texas Sucker Punches Arnold Schwarzenegger

By Steve Lombardi

If fiscal conservatism is going to survive it needs to stop using a smoke and mirror approach, meaning it has to start being honest about how it approaches saving money. One state saving money at the expense of other states isn't a net gain for the country or the citizens involved.

The Wall Street Journal on August 22, 2009 carried and editorial style article discussing the approaches Texas has taken to reshaping its economic environment and how it is succeeding over approaches taken by states like California.

Fiscal Conservatism and the Soul of the GOP, August 22, 2009, Emily Esfahani Smith

Governor Rick Perry talks about how medical tort reform that capped pain and suffering damages, characterized as non-economic damages, in catastrophic injury cases. The boasting by Governor Perry provided no specifics of exactly how much money has been denied those patients injured catastrophically by the mistakes of the medical profession nor how those few savings creates jobs or a better living standard for Texas citizens. And that's an important fact. If the state is going to boast it's saving enough money on denying the catastrophically injured the damages earned through the jury process then the Governor has to honestly open up about how much we are talking about; so we can tell if it is in fact significant or honest. Broad statements unsupported by fact are nothing more than boasting by Texas' leading cheerleading.

Governor Perry goes further than most with his smoke and mirror approach to bragging about how medical tort reforms are working to save the state's economy and to attract doctors to the state of Texas. Let's assume Texans are reaping significant saving on denying damages to the catastrophically injured, Perry forgets this is America with a wider safety net than just what Texas doesn't provide to the catastrophically injured. What Petty doesn't talk about is how Texas caps on damages affect other state and federal programs. When Texas denies earned compensation to these people it doesn't stop the need.

Catastrophically injured people have needs beyond what Texas allows to be compensated. The injured would have spent the damage award that was denied, what Texas characterizes as 'non-economic' damage awards, on real expenses. Those expenses include things like medical services not usually covered or covered less than 100 percent by insurance. Those denied damage awards would cover other expenses like school clothes for the injurer's children, school books, braces, eyeglasses, college tuition, groceries and other necessities of life their depends need but their catastrophically injured bread winner can no longer pay for.

The point is this, the needs persist even after Texas takes away what a jury has rightfully and fairly awarded. So how are those needs being met? The catastrophically injured have few choices after Texas does it's two-step around their jury award; they can move to another state or figure out which federal programs can pay to meet the need. And that is money you and I need have to pay through federal or state income taxes.

You see Texas might be saving, but what about the rest of us? Why should we pay for those mistakes Texas physicians make that causes catastrophic injury to Texans? The approach by Texas is on a national scale simply dishonest.

Governor Perry has one hope with his bravado, and that is for the rest of the country to not catch on to how Texans are letting you and I pick up the tab for Texas' medical mistakes. And that's the bone I want to pick with Perry. His fiscal conservatism isn't a fix, its part of the economic disease this country faces. Texas damage caps are nothing more than smoke and mirrors, it's not a real solution because it attacks the symptoms rather than the disease itself. The question shouldn't be why there are so many lawsuits. The honest question is why there are so many injuries. Until Republican economic policy can get honest with the facts and asking the right questions the sideshow will continue and the intelligent voters will move away from Republican leadership direction.

For the rest of us, dumbing down the answers isn't the solution. Governor Perry's idea for economic progress is nothing more than smoke and mirrors. With this economic bravado he looks and sounds more and more like Palin wearing the latest fashion cowboy boots.

http://www.youtube.com/watch?v=NrzXLYA_e6E

http://www.youtube.com/watch?v=RV_PiY5H_go

For additional reading see the series written by Steve Lombardi on Texas Tort Reform and the economics of non-economic damages.

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Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on September 03, 2009 (boomark / email).