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Posts Tagged ‘tort reform’

Tort law talks about legal injury and present the circumstances under which a person may be held responsible for another injury to compensate the victim in terms of money. But the way personal Injury lawyers are representing the injured parties in recent years, the tort system is facing economic criticism these years in USA. In fact changes in civil justice system are required to reduce tort litigation or damages. Incidentally tort reform advocates claim that out of 15 million lawsuits in US every year, merit less and frivolous litigation are counted heavily. Only 60% of medical malpractice litigation cases were of genuine medical error according to a recent report by the Harvard school of Public health. These have led to substantial increase in health care costs. Because merit less lawsuits block the court system, increase per capita tort costs and trial attorneys are enjoying large percentage of the award related to penalizing damages.

The effect of this tort law is so vulnerable that many doctors had to quit their practice and relocate because of cost neutralizing malpractice insurance rates. Physicians have adopted safeguard techniques to protect their practice and survival. As per report says in the journal of American Medical association,2005 ,93% of surveyed physicians have started practicing defensive medicine because of danger from malpractice liability. 43% doctors are using expensive MRI and CAT scans unnecessarily. 42% of medical practitioners have limited their practice procedure by reducing complicated trauma surgeries and avoiding patients with complicated medical problems. In rural areas the situation gets worsen as practitioners are neglecting high risk operations and not willing to practice with out competition as they have aggregated in to single practice to distribute the high cost of malpractice insurance premium.

Hence tort reform is needed as a solution to all these. The reform includes limit on: Disciplinary losses, Non-economic damages, Collateral source rule; Eliminations on: election for judges, awards for pre judgment interest, appeal bond requirement; Adoptions of court appointed expert witness, English rule of looser pays etc. Thus in US tort reform has become controversial political issues.

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Find more information on Tort law and its use by Medical Malpractice Attorneys based out of South Florida. They expertise in all personal injury related cases.