The Two Sides of Tort Reform

Certain political arguments seem to have enough fire on both sides to completely split people. There appears to be no middle ground and they serve as endless fodder for dinner party discussions or, at their worst, full on verbal fights. These seemingly never-ending arguments which are constantly thrown around in Congress during what seems to be every single legislative session include:

o Abortion

o Same sex rights

o Health care reform

o Tort reform

Tort reform and health care reform have recently gone hand in hand. Tort reform refers to proposed changes in the civil justice system in regards to the amount that can be awarded for damages in tort cases such as personal injury, medical malpractice or product liability cases.

The Two Elements of Tort Damages

There are two types of damages that individuals can seek in civil cases. They are:

o Economic damages: These represent financial losses, including lost wages or lost earning capacity, medical expenses, rehabilitation damages and life care expenses in the case of long term disability.

o Non-economic damages: These represent the injury itself such as physical and psychological harm, severe pain and emotional distress.

Medical Malpractice and Tort Reform

The most high profile of tort reform cases are medical malpractice cases. There are a number of people who insist that the large number of medical malpractice cases and the enormous monetary amount of awarded damages are hampering the care that doctors and nurses are able to give to patients. Both doctors and nurses are required to have high medical malpractice insurance to protect them from possible suits.

One of the main elements of reform proposals is limiting non-economic damages. Non-economic damages do not have a direct number. There is no way to mathematically approach how much monetary compensation is needed to reduce the effects of emotional suffering.

Thus, proponents of medical malpractice tort reform want the focus to stay on specifics like additional medical costs. In many states, there have been limits placed on non-economic damages to keep them between $150,000 and $1,000,000.

The collective side against reform believes that limiting damages is not fair to those suffering from the death of a loved one or debilitating and permanent injuries. They believe that medical malpractice suits keep medical professionals in check and that they may actually enhance their performance.

For more information on the two sides of tort reform, visit the website of the Law Office of William K. Goldfarb.