Medical Malpractice Your take on the torts reform advocacy

[topbarrister]

There is a movement to reform the law on torts, particularly on limiting the liability in some areas like medical malpractice and the like.

What is your take on this?

Cheers.

 

[mafioso]

I would make this short. If you are a defense lawyer, capping is a nightmare. If you are a medical practitioner, it is manner from God. Your insurance premiums which are in most cases salaries of average Americans are going to go down significantly. If you are a consumer of any services, you don't want it. If you are big business it is great news. So, pick your side. It just matters or what your career is, who you work for and what services you use. We all want to be winners and take advantage of system when possible. There are some things money can't replace even if you won a 1 billion settlement per person. Well the lawyers would not be disappointed since they did not lose a limb but just made a third. The fact is one side always wins. Just pick your poison! Either way you look at it, no matter what, the losing side would come up with examples which would make you realized it is not a good law. The winning side would come up with examples to show you the system works. I better stop before I get too deep into this. The side with the biggest lobbyist always wins. They can change even a liberal to a "neo con". Let the games begin………….

 

[topbarrister]

If you ask me, I would side on what view would benefit the most number of people. And I think it is not pro-reform, as it would only benefit a few.

 

[mafioso]

Same here..............The bar association would be happy to have you!

 

[topbarrister]

I read this somewhere:

"The crux of the tort reform movement is in its description of tort cases as "frivolous lawsuits" which tend to frustrate the administration of justice by clogging the courts with baseless claims in pursuit of monetary gains.

In order to supposedly change this state of affairs, supporters of tort reform propose amendments to the law on torts such as, but not limited to, changes in the products liability law; abolition of the solidary liability rule; and to put limitations on the liabilities for medical malpractice, punitive damages and non-economic damages.

Objectively speaking, the issues raised by pro-reform advocates and the ends they seek to achieve are quite sensible and proper. However, the means may not be as palatable to many as they hope it is, and it ends up as just another wrong way to fix a malady.

If the intention is to prevent frivolous lawsuits, then the proper way to minimize such suits is to institute changes in the judicial system in order to weed out the frivolous claims from the legitimate ones. In fact, the proposals of the tort reform movement operate as a carte blanche that will affect even the claims even of legitimate victims."

I agree.