Last Call!

Note: This Letter to the Editor originally appeared in the Columbia County News-Times on Wednesday, Sept. 10 and was submitted by GTLA Members Sam Nicholson and Harry Revell.

Dear editor,

In the ongoing debate over skyrocketing healthcare costs in Georgia, proponents of medical malpractice reform continue to point to the practice of so-called "defensive medicine" as the culprit behind the increase in costs across the healthcare system ("Georgia can lead in savings with plan to eliminate medical malpractice" – Sept. 3). Doctors, they contend, regularly perform expensive and unnecessary medical tests in order to avoid malpractice suits related to their treatment – or lack thereof.

In and of itself, however, their argument is fundamentally flawed. The fact of the matter is that the practice of so-called defensive medicine is fabricated by deep-pocketed special interests that perpetuate the myth in hopes of financial gain and the advancement of a dangerous legislative agenda. And while defensive medicine is the talking point du jour of those whose sole interest is to shield healthcare providers from accountability, the facts continue to belie their assertions.

Proponents of these radical reforms continue to point to anonymous doctor "surveys" as the basis for their argument, which supposedly confirm that nearly every healthcare provider in our state practices so-called defensive medicine and costs our citizens billions of dollars each year. Observers note, however, that these "surveys" are deceptively masqueraded to carry the weight of a scientifically conducted 

study.

Unbiased and credible organizations have taken a markedly different stance on the issue. In fact, according to the non-partisan U.S. Government Accountability Office (GAO), these "surveys" provide no sufficient evidence that supports the existence of defensive medicine and border on being valueless. The GAO writes, "The overall prevalence and costs of [defensive medicine] have never been reliably measured."

In addition, the Congressional Budget Office (CBO) weighed in on the alleged use of defensive medicine in American hospitals, and found evidence of the practice to be "weak or inconclusive" and "at best ambiguous." They concluded, "On the basis of existing studies and its own research, CBO believes that savings from reducing defensive medicine would be very small."

Researchers at Dartmouth College also echo these conclusions, saying, "The fact that we see very little evidence of widespread physician exodus or dramatic increases in the use of defensive medicine...places the more dire predictions of malpractice alarmists in doubt."

Furthermore, if a healthcare provider were to order and conduct unnecessary tests and procedures on their patients, then they would be illegally committing insurance fraud, Medicaid fraud and Medicare fraud. And, how is it possible that healthcare providers are doing billions of dollars’ worth of unnecessary medical tests and treatments in today’s penny-pinching managed care world where it is difficult for a doctor to get authority to perform even the most medically necessary tests and treatments? This accusation is offensive to the thousands of responsible, hard-working and competent doctors all across Georgia who practice medicine to help their patients – not to illegally bilk insurance companies out of excessive payments.

And though they would like you to believe that nearly one in every four healthcare dollars is spent on so-called defensive medicine, we find it impossible to believe that Georgia doctors are spending 25 percent of each day running 

unnecessary – and fraudulent – tests.

The truth of the matter is that doctors call for procedures and order tests to ensure the health and wellbeing of their patients. They also may desire additional confirmation of a diagnosis before ordering a costly, potentially dangerous treatment. Or, perhaps they simply want to satisfy their patients’ desire for more certainty. All of these are legitimate reasons for ordering tests, even if they turn out to be negative. If indeed our state’s healthcare providers are practicing "defensive medicine" at all, it is akin to defensive driving – a good practice done to protect people, act responsibly and save lives.

Would you demand anything less for your family?

Sam G. Nicholson and Harry D. Revell, Attorneys,

Augusta

The Georgia Trial Lawyers Association is pleased to announce that selections have been made for the 2014-2015 Leadership Education & Advanced Direction (LEAD) Program. First launched in 2013 to identify those with leadership potential from among the Association's younger lawyers, the LEAD Program trains and equips those members to serve in future leadership roles in GTLA, at their firms, and in their legal and local communities. In order to qualify, applicants must have less than 10 years of practice experience or be 35 years of age or younger.

After an application, review and selection process that is summer-long, 17 attorneys were chosen to participate in the 2014-2015 GTLA LEAD Program. They are as follows:

 

The Cooper Firm, Marietta

Pope, McGlamry, Kilpatrick, Morrison & Norwood, Atlanta

Buzzell, Graham & Welsh, Macon

Cook & Connelly, Summerville

Hasty Pope, Gainesville

The Gibson Law Firm, Tucker

Harris Penn Lowry, Atlanta

Law Offices of Jason T. Schneider, Atlanta

Woodward Stern, Atlanta

Langdale Vallotton, Valdosta

Butler Wooten Cheeley & Peak, Columbus

Morgan & Morgan, Atlanta

Sell & Melton, Macon

Bergen & Bergen, Savannah

Smith & Tillery, Vidalia

Butler Tobin, Atlanta

Law Offices of William F. Underwood, III, Albany

 

"When looking at this year’s remarkable LEAD Program class, it is easy to see why I am so optimistic about the future of the Georgia Trial Lawyers Association," remarked GTLA President Linley Jones. "These individuals represent some of the best and brightest attorneys in Georgia and they have already exhibited an abundance of leadership potential both in and out of the courtroom. I have no doubt that their participation in the LEAD Program will make them even better trial lawyers and future leaders of GTLA. Congratulations to each of them on this wonderful accomplishment."

LEAD Program Co-Chairs Ryals Stone and Jennifer Coalson also offered congratulations to the new class. "As we transition from the inaugural LEAD Program class and strive to build upon the tremendous momentum from year one, we both are thrilled with the truly-impressive qualifications of this year’s applicants," they said. "These 17 attorneys represent a wide array of legal practice areas, hometowns, backgrounds and demographics, and we are confident that they accurately reflect the diverse composition of the 2,000 members in our Association. We look forward to working alongside them over the next eight months."

The 2014-2015 LEAD Program consists of six sessions, and will begin on Nov. 21-23 in Athens. The program concludes with graduation at the GTLA Annual Convention & Gala in Atlanta on April 30 – May 1, 2015.

GTLA President Linley Jones and
Clayton County Chief Magistrate Judge Wanda L. Dallas.


GTLA President Linley Jones with
South Georgia TLA Co-Chairmen Jed Douglas & Pope Langdale.


GTLA President Linley Jones, GTLA Staff & Wiregrass TLA Members.

GTLA member M. Brandon Smith was recently elected as Chairman of the New Lawyers Division for the American Association for Justice, As only the second Georgia attorney to ever hold this position, Brandon would like to encourage other GTLA members to take advantage of this opportunity to get involved in AAJ’s New Lawyers Division. 

With more than 4,200 active members, the AAJ NLD works to promote justice all over the country via networking events, phone drives, charitable programs, stellar education seminars and fundraising events for pro-civil justice candidates. Thus, it is a great compliment to those already in the GTLA NLD. 

For more information, please contact Brandon Smith at his office of Childers, Schlueter & Smith, LLC via phone: 404-419-9500 or via email: bsmith@cssfirm.com to learn how you can get more involved.

Kimberly  W. Aiken, Shonda Ball, Timothy Blair, Roodgine Bray, Denice E. Brue- Clopton, Taylor Butenschon, LeRoya R. Chester Jennings, William M. Cheves, Whitney Chupp, Andrew  J. Conn, Denise  M. Cooper, Jennifer Cornelius, Claude C.  Davis, II, Michael Day, Jeffrey W. DeLoach, Judith Delus, Emanuel David Dressie, Belinda E. Edwards, Kevin Edward Epps, Enrique Fernandez, Susan Fitzgerald, Melody Allen Glouton, Kerri-Ann Griggs, Sheronn Harris, Shonda Hicks, Yolanda Johnson, Rebecca W. McLaws, Sarah Metz, Cesar Orantes, Julia PettyJohn, Scott Pfahl, Charlotte J. Redo, Kelsie Royal, Anthony Stastny, Minerva Steele, Adam  Thornton, Nicholas Utley, Robert P. Varner, Tegra N. Watkins, Shoran R. Williams, Shevonn Willis, Norman Staples Wood.