Tort Reform in the Us

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.

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.

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,

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

Another argument against Tort reform is that according to the Los Angeles Times, although many medical malpractice lawsuits are deemed frivolous, defensive medicine only accounts for a very small percentage of overall health care spending. This argument is supported by this article :

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.

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

Tort reform is the attempt to improve the tort law, which is a civil wrong that unreasonably causes another individual to suffer harm or loss resulting in legal liability for the individual who commits the unjust act. It has been occurring since the 1900s, where certain people, such as wealthy defendants and insurance companies, disliked the idea that people were receiving a limitless amount of money using the tort law. So, many interest groups, lobbyist groups, and PACs (political action committees) took control over reforming the tort law in attempt to achieve the goal of reducing the amount of money defendants would have to pay by putting caps on damages. In this way, large insurance companies and other corporations and groups have

In 2005, the estimated cost of the tort system in the United States was approximately 260.8 billion dollars. Broken down, every U.S. citizen spends approximately 880 dollars annually on “litigation taxes” which fund United States tort cases (Balik, Carl). Understanding these numbers, it is absurd to think that a family of 6 spends approximately $5,280 each year on frivolous cases in the nation’s judicial system. With each U.S. citizen paying roughly $1,000 on cases of tort, it is obvious that the system is being abused. Caps in the tort system limit the amount of money a jury can award a victim. These need to be put in place in order to prevent further damage to the nation’s economy and further abuse to the county’s legal system.

Hospitals can avoid common law tort systems by adapting a Guidelines Based Systems. These systems will give the Clinic or Hospital click all practice guideline statements to follow. The statements will provide appropriate treatments for illnesses, symptoms and even different types of patients (Kessler, 2011). Such guidelines will help the physician fine the best clinical approach for the patient, thus verging away from malpractice or negligent issues (Kessler, 2011).

One of the great privileges of living in America is the ability to seek the American dream. We have the opportunity, if we work hard enough, to seek any career path of our choice. Those who seek out a career in healthcare should not be faced with the fear of legal action staring at them around every corner. However, there should be consequences in the event of proven neglectful medical care. Therefore, there has to be a middle ground, where both patients can receive care and healthcare professionals can practice in a safe, fearless environment.

A tort is a civil breach had against another so that injured party can charge for damages. In personal injury cases, the injured party will attempt to receive compensation with the representation of a personal lawyer in order to recover from damages incurred. There are special laws for Tort which says whether a person should legally responsible for the breach against another or not, if so then how they are going to get the compensation and how much they will be getting that is explained. There are four elements to tort law: duty, breach of duty, causation, and injury The three main types of torts are negligence, strict liability and intentional torts.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own