Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

The fallacies of tort reform

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Tort Reform is the buzzword of the past decade. Proponents of it tout it as the end-all solution to soaring medical costs. But their one-sided devoting to this concept ignores the reality of medical malpractice which is that it comprises a small portion of the healthcare industry costs. This post will go over the basics of tort reform and how it may affect you.

Tort reform is touted as the best solution to solve increasing medical costs. Runaway lawyers who seek exorbitant settlements force doctors to practice defensive medicine. Defensive medicine is the alleged practice of ordering additional tests to protect themselves against potential liability.

But this position ignores the conclusions drawn by the Government Accountability Office and the Congressional Office of Technology which both found that instances of defensive medicine were small and could not account for the increase in healthcare costs.

Additionally, it ignores the fact that tort reform places caps on how much compensation plaintiffs can recover which discourages attorneys from litigating these complex and expensive cases. The result is that doctors who commit errors are not punished, and injured patients are left without recourse for compensation. Tort reform only reduces the opportunities that injured parties have to seek compensation and to pay for their future medical bills, and it shields bad doctors from scrutiny.

As you can see, medical malpractice is far more complicated that how it is portrayed in the news. If you were the victim of medical malpractice, then you should contact a defense attorney to review your rights. You don't want to risk litigating one of these cases on your own. You are allowed one shot to collect compensation, if you lose at trial or fail to secure sufficient compensation, then you are out of luck. A lawyer can maximize your chance to receive fair compensation.

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