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What is tort reform?
Tort reform is a series of efforts to “reform” civil tort laws, which protect victims who suffer serious harm as a result of the carelessness or intentional wrongdoings of another. State and federal legislators are currently taking huge strides to implement tort reform strategies that could take away your constitutional rights.
Tort reform could prevent you from filing a lawsuit against a wrongdoer who caused you harm, reduce your right to receive full compensation for your losses and suffering, and reduce the liability of wrongdoers. Please see our section on the strategies of tort reform to learn more about the different steps lawmakers are taking to hinder your rights such as implementing caps on damages, limiting liability on manufacturers of defective products, and setting arbitrary statute of limitations laws.
Why tort reform is bad for Americans
The United States civil justice system is unique in that we have the constitutional right to file a lawsuit and hold wrongdoers accountable through the court of law. We put our claim in the hands of a judge or jury who assesses the evidence brought forth in a case to determine the verdict they deem fair. Tort reform efforts undermine this justice system by taking away our rights, allowing wrongdoers to get away with their offenses.
By setting arbitrary time limits to file personal injury or medical malpractice claims, putting caps on non-economic and punitive damages, and limiting liability for manufacturers of defective products, among other strategies, tort reform is making it extremely difficult for injured persons to seek compensation when they have truly suffered serious losses at the hands of another. In addition, tort reform weakens the deterrent effect that civil suits have on wrongdoers.
Real examples of how tort reform can affect Americans
Almost every state has made it more difficult to file lawsuits over hazardous products, medical mistakes, nursing home abuse, corporation scams, drunk drivers, and more. While the government argues that tort reform can help put a stop to frivolous lawsuits, the fact is, those who have truly suffered serious harm and deserve compensation for their losses file most civil claims. The following are examples of how tort reform can eliminate injured victims'' right to file a lawsuit or receive full compensation for their sufferings:
Example 1: An 85-year-old Alzheimer''s patient living in a Texas nursing home facility was raped by a nurse assistant who had a history of sexual assault at previous nursing home jobs. The patient''s daughter wanted to file a negligence lawsuit against the nursing home facility for hiring the man despite his past.
However, tort reform in Texas would make the negligence lawsuit almost financially impossible. Attorneys advised against filing a suit, which alone could cost hundreds of thousands of dollars, because it wouldn''t be worth it due to the caps on non-economic and punitive damages, the higher standard of burden of proof that falls on the plaintiff, and other tort reform strategies implemented by the state.
Because of tort reform, this nursing home patient, who suffered severe pain and anguish because of the rape, could not receive any compensation for her significant losses. The nursing home who hired a sexual predator would continue to run as if nothing had happened. This woman and other victims that were once helped by the civil justice system are now regularly barred from court.
Example 2: A man who was undergoing open-heart surgery woke up during the middle of his procedure because of being under-anesthetized due to medical error. For three hours, this man drifted in and out of consciousness and suffered severe pain during the surgery, but was helpless to call out in anguish. The breathing tube down his throat prevented him from making a sound and paralytic drugs left him motionless during the procedure.
Approximately 20,000 to 40,000 of the 21 million patients who receive general anesthesia before surgery wake up during their procedure from being under-anesthetized by mistake. These patients undergo extreme physical pain and suffering and often develop post-traumatic stress disorder and other serious psychological problems as a result.
Patients who have tried to speak out about anesthesia awareness have been silenced by doctors and other medical professional; thus made to believe their horrific experiences were “all in their head.” When this open heart patient told the nurse he had been awake during surgery, she did not believe him. When he was able to recount the doctor and nurses'' conversations and where they were standing during surgery, the nurse got the doctor. He said, “don''t worry the patient won''t remember any of this tomorrow.”
Because of tort reform''s caps on non-economic damages such as pain and suffering and mental anguish, this man and thousands of other medical malpractice victims would not be able to receive compensation for their enormous losses. Many would not even get a chance to bring their claim to court. Negligent medical professionals responsible for this nightmare would continue to threaten the well-being of patients unabated.
These are just a few among thousands of Americans who have been seriously wronged by tort reform. The right-wing propaganda machine tries to make it seem as if civil lawsuits somehow injure the American people. The facts stand in direct contrast to these claims. Tort reform, as it has been enacted, hurts the American people.
To learn more information about tort reform and why it is bad for Americans, please contact us today to speak with a qualified and experienced attorney who can protect your legal rights and maximize your options.