In the last decades it seems that there have been numerous unbalances in the economy. While lawsuit compensations and insurance claims can hardly be responsible for the economy crisis we all have to agree that things have gotten way out of control. People were getting hundreds of thousands of dollars for minor incidents such as spilled hot coffee. As a result more and more states started to impose tort reforms in order to limit (cap) the compensations that are received in a malpractice law suit. However, whether or not this reform helps the consumers or the corporations is still up for debate.
The tort reform is usually associated with medical negligence as these are the most serious cases of professional errors. Malpractice law suits usually result in a lot of money for the patient who suffered damages due to a breach of duty. As a result a lot of health care providers are forced to have malpractice insurance. Given the fact that the work of a health care provider has a lot of risks and little control over human error, insurance companies have very high premiums when it comes to malpractice insurance. The high costs are a serious problem for health care providers across the world. The malpractice caps mean cheaper compensations for the patients and lower insurance quotes for the health care providers. Given these facts we can all agree that this reform favors the medical world as it protects them against lawsuits by filtering the ones that are less relevant.
The downside of the tort reform is that patients receive lower compensations for medical damages. However this does not mean that the compensations are irrelevant. It just means less than serious cases will no longer be compensated with a lot of money. These caps usually limits the number of law suits that are filled against medical institutions. Due to the fact that the compensations are rather small in most cases, lawyers are reluctant to handle them. This means that the common citizens are provided with less legal support when it comes to malpractice.
Winning malpractice cases has never been easy. In most situations, the cases had to follow a certain pattern and present solid evidence in order to be taken seriously. It is common sense for a person to receive proper compensation if his life style has been severely affected by the incompetence of a health care provider. The tort reform has only been adopted by certain states and its characteristics don’t really reflect the actual economic situation. the tort reform only serves one party therefore it either needs to be eliminated or modified. Furthermore it is important for the United States to adopt national rules regarding the medical world.