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Recent Articles

The Case For Medical Liability Reform

Proponents of medical liability reform argue that medical malpractice lawsuits restrict patient access to health care by driving physicians out of business or encouraging them to limit high-risk procedures. One in 12 obstetricians who have reported changes in their practice as a result of the risk or fear of professional liability claims have stopped delivering babies.

The Tort System

Tort requires those responsible (or "at fault") for harming others to compensate the victims, usually in money. Typical harms can include loss of income (while the person recovers); medical expenses; payment for pain, suffering, or even loss of a body part; or loss of future income (assuming that said loss can be proven to be reasonably likely to occur. See speculative damages). These components of the award can be adequately represented in money terms, and (outside the United States) they most often constitute the largest element of the award.

Themes of the "tort reform" debates

A number of recurrent issues can be identified in the debates about tort reform. Economic effects See also: Insurance, Medical malpractice, and Product liability The primary criticism of the tort systems is economic. Critics may decry the cost of compensation payments themselves, or that—granting that compensation is a worthy goal for the injured—litigation is an inefficient method of giving compensation. In Britain, for instance, it has been argued that 85p is spent on litigation for every £1 of compensation paid. In contrast, the social security system costs 8p or 12p for every £1 delivered. This figure is disputed, because there is no easy method for accounting for transaction costs particularly when pre-litigation settlements are considered.