Tort Reform Research Paper

In the article “Despite Counsel, Victim Is Hindered by tort laws.” The author Becca Aaronson, explains that sometimes tort laws may not feel fair. Connie Spears is just an ordinary woman who went to the Emergency because she felt some pain in her legs which she told the hospital she is known to have blood clots but, after being checked by the doctors they sent her home with a minor diagnoses. Just a short few days later she ended up in a different hospital with serious illness that caused her to loose both of her legs. She then filed a medical malpractice law suit but, she had to produce adequate expert reports within 120 days of filing their cases or she will be ordered to pay the defendants court fees. Connie Spears argues that

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

On this film it is showcased through several different cases how the tort reform has impacted individuals’ constitutional and civil rights. It also showcases how large companies and political leaders have used their power for their own purposes as well as to push legislature to pass through the White House and become law by financing their campaigns and helping the candidates to win elections. One of those laws was the caps on punitive damages through tort reform.

Medical malpractice claims have risen dramatically over the past 40 years alongside the financial claim awards (Kessler, 2011). Currently, America’s medical tort system is regulated and enforced primarily by the states (“Medical Tort System,” 2016). The main focus of tort law is to preserve the peace between two parties, to determine fault and discourage wrong doing (Pozgar, 2016). Most physicians today carry medical malpractice insurance to protect themselves from the high defense costs of claims and potential financial awards (Kessler, 2011). As the number of medical claims increase and jury awarded punitive damage skyrocket, medical malpractice insurance premiums have also risen dramatically (Kessler, 2011). Malpractice insurance

Torts are civil laws that are broken and are rules for lawsuits. When these rules are broken they can result in injury and harm this is usually the basis for the claim. Torts are punishable by imprisonment but in most cases tort law is to provide relief for damages and to stop others from doing the same thing. The injured party can sue for loss of earnings, pain and suffering, and medical expenses or present and future.

Tort reforms are laws that limit or reduce damages or awards in a specific state. People are in favor of tort reforms because they think that frivolous lawsuits are clogging the courtrooms, which is just not true. In 1992, the National Center for State Court’s (NCSC) data showed that only 2.4% all civil cases brought to court were of medical cases and only 1.7% were product cases. This very clearly shows that frivolous civil cases are not clogging the court room (The Free Library).

Tort reform is a push by special interest to limit tort litigation in the U.S. The documentary Hot Coffee, walks us through 4 case studies on the methods used by the Tort reform lobby. Composed of businesses, manufacturers, hospitals, insurance companies and other businesses. Using their money to affect changes to the 7th Amendment statutes:

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

Tort reform refers to laws passed on a state-by-state basis that basically places limits or caps on the type or amount of damages that can be awarded in personal injury lawsuits. Personally, I definitely agree that tort reform should be passed into law for every state because sometimes the damages that are awarded in lawsuits are too excessive. Moreover, tort reform still allows for the plaintiff to recover damages just not at an excessive and unreasonable amount of damages.

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom.

Who is at fault? How much should I get? How long do I have to cerebrate about it? These are the three sizable questions when it comes to tort reform. This is one of the sultriest legal topics bypassing the country because not only does it affect the victim, it withal effects the incriminated and the rest of the taxpayers. First, if there is no tort reform the United States will perpetuate on its lawsuit blissful path causing insurance rates and costs to perpetuate to skyrocket. On the other hand, if there is an inordinate amount of reform, victims will be left behind and their rights lost. Lastly, I would relish to do more research on what precisely needs to be transmuted to make the legislation fair for all parties involved. In Conclusion,

The tort reform is often proposed by the Republican Party in which it changes the civil judicial system that aims to reduce the ability of

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to