Tort reform is often described as “a group of ideas and laws designed to change the way our civil court system works. While each tort reform law is different, they all are designed to either limit the circumstances under which injured people may sue, limit how much money juries may award to injured people, or both.”
(www.whatistortreform.com)
For example, in cases of malpractice, an injured party would only be able to sue for economic damages, meaning the price of surgery and any cost needed to fix the medical and physical damages of the patient. This means that non-economic damages, such as pain and suffering, would not be covered by large corporations. Many Conservatives today agree strongly with the ideas of tort reform and believe it is necessary in order to lower the cost of premiums that doctors are currently forced to pay. Simply put, tort reform will strip Americans of their basic judicial rights and prevent companies and medical practices from taking complete responsibility for their actions and paying for the consequences of those actions.
In May of 2002, Linda McDougal was diagnosed with breast cancer and was told she needed to have both breasts removed. She underwent the procedure, thinking it was necessary to save her life. Forty-eight hours later, after undergoing the surgery, she was informed that she did not have breast cancer; her test results were accidentally switched with another patient’s. According to President Bush, this case of malpractice would be worth $250,000. This would surely cover her medical bill for having undergone the surgery, but this would not even begin to cover the amount of pain and suffering McDougal was forced to undergo due to this horrendous mistake. Should one’s pain and suffering be disregarded in order to protect a physician from being accountable for his or her own mistakes?
While tort reform would wrongfully restrict the rights that people in the United States of America properly deserve, it would also raise taxes among middle-class families. Ideally, the costs of injuries due to malpractice errors or defective products are paid for by the wrongdoers themselves. If these wrongdoers are no longer held responsible for paying for these costs, the payment will have to come from somewhere else. This will be in the form of taxes, which will quickly burden the average middle-class family.
While tort reform is not out best option, it goes without saying that there is a definite need for change. The price of insurance for physicians is rapidly increasing. Tort reform is not what needs to change in regards to this matter; the amount of physician error that occurs needs to decrease substantially. According to the Journal of the American Medical Association, doctors are the third leading cause of death in the United States. Every year, 225,000 deaths occur due to iatrogenic causes, meaning they are caused by the diagnosis, manner or treatment of a physician. If physicians are held more accountable for their cases of malpractice, the chances that so many cases of malpractice will actually occur are reduced. Also, if cases of malpractice were less private in regards to protecting the doctor’s reputation, fewer mistakes would most likely be made, thus decreasing the overall cost of insurance for physicians. If the costs of insurance for physicians went down, then the medical charges for seeing a physician would decrease, meaning tort reform would have no viable purpose. Tort reform is simply a means of deferring responsibility, which is completely unacceptable.
If tort reform is successfully installed into our current judicial system more than it has been in the past few years, corruption within major corporations will inevitably breed and the risk of increasing the amount of injury due to malpractice and defective products will be greater than ever. It is important to look at what the United States would lose if limits were put upon the lives of every injured American. How can a person’s life have a monetary cap? The real question we need to ask ourselves in regard to tort reform is this: What is more important to the United States: protecting wrongdoers or protecting the rights and lives of its people?