In their advocacy for “tort reform,” proponents ignore real economic factors and largely skew the economics in favor of insurance companies. A recent article provided an accurate description of the lengthy and meticulous screening process by which a case become a legitimate medical malpractice lawsuit. Many of the potential cases are screened out of the system before a jury even has the opportunity to consider the facts. In the event a case goes to jury, only one out of three plaintiffs prevail.
The true economic reality is that even litigation will not adequately restore an individual to their previously healthy condition after a doctor’s malpractice and medical errors. The only solution available is to award monetary damages.
“Tort reform” allows potential wrongdoers to continue to operate with immunity and without adequate punishment. With “tort reform”, the quality of care would not increase, but decrease as wrongdoers are not deterred from committing harmful errors. Those who best stand to benefit from tort reform are the insurance companies and not the patients or even doctors.
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