One of the most hotly debated issues in the whole heath care system debates involves tort reform. Tort reform, for those who don’t pay attention to politics involves putting limits on the amounts personal injury and medical malpractice lawyers can seek in damages, as well as limiting the circumstances under which lawsuits may be filed for medical malpractice or other negligent injury.
Shades of grey
While many see tort reform as a black and white issue from one side of the aisle or the other, we are hoping that more level heads will prevail in the end on this debate. On the one hand, some tort reform may be in order. Limiting medical malpractice suits would certainly cut the costs of our health care.
Still, while we would certainly admit that some medical malpractice lawyers pursue fraudulent or frivolous claims, the majority don’t. There simply isn’t any need to. There’s more than enough gross incompetence and obvious malpractice out there.
The problem with tort reform
There are several significant dangers to tort reform. The most obvious one, of course, is that it would deny due recourse, in many cases, for those who have been legitimately hurt by a doctor or medical facility’s gross negligence.
Many who support tort reform claim that the cost of medical care has become high because doctors, hospitals, and medical clinics find themselves in need of such high medical malpractice insurance. While we won’t deny that does bring the cost of health care up, we question whether removing the fear of a lawsuit will improve either the quality or the cost of health care.
Another problem with tort reform is that it would limit or eliminate your ability to sue for pain and suffering. If some have their way, you will only be able to sue to recover actual financial damages. In other words, the fact that one of your children died because the doctor goofed isn’t costing you anything, so you shouldn’t be entitled to any kind of compensation.
Don’t get us wrong, we’re not implying that you can put a price tag on the loss or permanent damage to a love one, and we don’t know of any medical malpractice lawyers who would say so either. But unless our politicians are suggesting that we should start putting physicians in prison for malpractice (and as far as we know that hasn’t been suggested except in obviously intentional cases), allowing medical malpractice lawsuits is one of the best ways to assure that medical professionals do everything they can to make sure they’re doing their jobs right.