The Pros And Cons Of Tort Law Reform

Introduction

Tort law reform continues to be a heated debate between opposing sides. The purpose of this paper is to give a basic understanding of tort law and the effects it has on the parties involved. First a simple explanation of tort law will be reviewed. Next a brief explanation of current tort reform will be presented. Finally opposing viewpoints about tort reform will be related. The opposing views covered in this paper are unreasonable litigation, harm to physicians, and undeserving parties.
Basis of Tort Law

The basis of all torts is tied to a wrong act and compensation for the damage done due to the wrong act not connected to a statute or contract. Additionally a tort is an act which causes injury or loss. Individuals who
Advocates of placing limits on damages for medical malpractice claims report the current system distorts economic impacts of the loss. The courts, and overly sympathetic juries, grant enormously generous and sometime frivolous awards. The aim of those who support reform, typically politicians, insurance carriers, health systems, hospitals and physicians, is to make it more difficult for injured people to file a lawsuit and limit the amount to money they can receive. (Bennett, 2017)
Those who support the current tort system believe that tort reform is a disguised attempt to protect business, such as health systems, hospitals, and physicians. Often the reform of the system is espoused with claims that the cost of health care will be reduced as litigation costs decrease due to reform. Supporters of the current system claim there has been no reduction in healthcare costs and that the goals of reform are not working.
The remainder of this paper will focus on three main themes of tort controversy, unreasonable litigation, harm to physicians, and undeserving parties. The viewpoint of each, those for and those against reform, will be expressed. Regardless of where you stand on the matter, it’s important to become aware of the status of tort reform