Tort Reform Arguments Fueld by Insurers, Tobacco Companies and Corporations
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A "tort" simply defined, is a civil wrong, where the injured party may be entitled to recover monetary damages. "Tort Reform" refers to proposed laws designed to curtail litigation and limit the amount of damages recoverable in a civil lawsuit.
Proponents for tort reform usually claim that it’s necessary because the plaintiffs’ bar unfairly burdens insurance companies with lawsuits, which in turn increase insurance premiums for policy holders. Another argument for tort reform is that it causes physicians to practice “defensive medicine,” which drives up the cost of healthcare.
These arguments have been fueled by supporters who have the most at stake, such as insurance and tobacco companies. These industries pay vast sums of money to help persuade people to believe that the plaintiffs’ bar is to blame for the flaws in the healthcare and insurance industries.
For example, in an article published in the AAJ, Stephanie Mencimer notes that
the campaign for tort “reform” is more than 30 years old, manifest in the efforts of insurers, tobacco companies, and corporate-funded think tanks and advocacy groups to ply reporters and the public with “fictitious or badly misleading stories that purport to show that the nation suffers from a crisis of frivolous litigation.
Thanks to the internet, vast quantities of information are available to consumers and it’s much easier to get both sides of an issue so long as a person is interested in thinking for themselves.
In addressing the issue of tort reform, an article in POLITICO, noted that:
Although the details have yet to be ironed out, the Obama Administration has admitted it will be discussing the issue of liability. Senate Finance Committee Chairman Max Baucus (D-Mont.) called for changes to the system, even as he acknowledged that research doesn't uniformly back up anecdotal claims from physicians that malpractice suits are driving up health care costs.
While the debate for tort reform is ongoing, the plaintiffs' bar it's hardly to blame for the increase in healthcare and insurance cost.
Plaintiff attorneys have been scapegoats for the flaws in the insurance and healthcare industries for decades. Filing frivolous lawsuits is not a common occurence nor is it an acceptable way to practice law among the profession. Contrary to what the Defense Bar and its clients would like to have people believe, plaintiff attorneys really do represent the most deserving victims, a job which we take very seriously.