tort reform
Tort Reform: Time for a Change? While many have spoken out for health care reform, berated the managed healthcare programs, complained of jobs being lost to our southern neighbors due to the North American Free Trade Agreement (NAFTA), what this country really needs is legal reform. ... Over the course of the next 16 years, the general aviation industry, due specifically to tort litigation and primarily stemming from this single suit, “crashed. ... Tort, the “wrongful act that does not involve a breach of contract and for which a civil suite can be brought” (2) is nearing a crisis point in today’s litigious society, and is one that has impacted every citizen in this nation – not only those in the general aviation industry. ... The Issues: Tort has a valuable role to fill in this free and open society and few advocate abolishing tort laws. There are many instances where the tort laws are used as they were originally intended: As a checks and balances measure to ensure adequate compensation was provided to those who were injured or harmed from wanton and/or knowingly defective products or there design. ... But, in reality, that part of the reform bill has not reduced medical malpractice awards. ... Attorney Fee Limits There was a misperception that the plaintiff attorney contingency fee "reform" would discourage them from taking malpractice cases. ... Changes in Attitude Physicians who were hoping the 1986 tort reforms would solve the malpractice crisis are, no doubt, disappointed. The successes of tort reform witnessed in California have not been repeated in Massachusetts. ... However, this appears to be more in conjunction with societys move towards more conservative attitudes, than any aspect of tort reform. Real Reforms Needed The only way out of our current crisis, is to institute real change in the tort laws across the country. While there are many who have a vested interest in maintaining the “status quo,” the population at large has an equally vested interest in changing the tort system. The American Tort Reform Association (ATRA) has provided some recommendations based on thorough assessments of the impacts each would bring: The Rule of Joint and Several Liability As stated earlier, this perplexing provision of the tort law states that when two or more defendants are liable for a plaintiff’s injury (even if one of those defendants is the plaintiff him/herself! ... Multi-million dollar awards are not uncommon in today’s tort jury settlements and as a result, many companies are simply not able to stay afloat. ... ” ATRA’s recommendation here is interesting in it’s scope: (6) • Reform must permit a plaintiff to recover damages only upon proof that the product was defective and that the defect was the cause of harm (breast implants being the obvious target). ... Conclusion In Conclusion, tort reform is vital to the United States interests.