Tort reformers ignore real economic factors and skew the economics in favor of insurance companies to advocate for tort reform. This article provides a description of the lengthy and meticulous screening process by which a case become a legitimate malpractice case. In fact, many cases are screened out of the system before a jury even has a chance to consider the facts. If a case goes to jury, only one-third of plaintiffs prevail.
The economic reality is that even litigation will not adequately restore an individual to their previously healthy condition after a doctor’s malpractice. The only solution available is to award monetary damages.
Tort reform allows potential wrongdoers to operate with immunity and without punishment. With tort reform, the quality of care would not increase, but decrease as wrongdoers are not deterred. Those who best stand to benefit from tort reform are the insurance companies and not the patients or even doctors.
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