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The paradox is that the litigation phenomenon was fueled by an expectation of perfection even as the technical quality of medical care increased.(1,2) In response to this, many states adopted a variety of administrative and legislative actions, collectively called 'tort reform'.
The Republicans and Corporate America are an unholy alliance (some would say a criminal enterprise) that is more than willing to pass tort reform laws that, indeed, pick who will win and who will lose in our American courts.
One part of a limited tort reform package narrowly made it out of the state Senate last month despite concerns about higher litigation costs in business disputes.
Over the past several decades, the United States has experienced several waves of tort reform. The first wave came in the mid-1970s, when a number of states enacted reforms such as caps on noneconomic damages, changes to collateral source rules, and limitations on the application of joint and several liability.
With less than five months before the November vote on capping attorney's fees and damages, groups for and against tort reform in Arkansas are making their case with money.
Originally for his first-year tort law course, Popper has collected essays, articles, cases, and other material to allow students, lawyers, policy makers, and others to consider all sides of the tort reform debate.
The issue has reignited longstanding tensions between Texans for Lawsuit Reform, a powerful GOP-backed tort reform group that pushed the legislation and the Texas Trial Lawyers Association, which represents plaintiff's attorneys who handle cases on behalf of policyholders.
South Carolina has two comprehensive tort reform bills, one focusing on the asbestos bankruptcy trust and seatbelt admissibility.
The piece explains to its physician audience that there are five myths of medical malpractice that have wide currency in medical circles: Malpractice crises are caused by spikes in medical malpractice litigation (i.e., sudden rises in payouts and claim frequency); the tort system delivers "jackpot justice;" physicians are one malpractice verdict away from bankruptcy; physicians move to states that adopt damage caps; and tort reform will lower healthcare spending dramatically.
The company's attorney filed motions stating the amount needs to be limited due to Ohio's tort reform statutes.
"Tort reform has been beneficial for all or almost all Texas physicians," Dr.