Medical Tort Reform

  Tags: health   law   healthcare   medical malpractice   obamacare   tort reform


With rising costs of medicine and care, there are those who believe it is primarily due to the high costs of medical malpractice lawsuits, many of which are frivolous and cost a lot of wasteful money. Medical tort reform refers to proposed changes to the civil justice system to reduce or cap tort litigations.

Is medical tort reform needed in the United States?

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Arguments For

In September 2003, Texas approved Proposition 12 for medical tort reform. Doctor's insurance rates declined by 27% and money that used to go to frivolous law suits instead went to higher quality care.[1]

Lobbyists and special-interest are against tort reform[2], many of whom are not serving the best interest of patients. The American Association for Justice is trial lawyers Washington lobbying group, and 90 percent of its $30.7 million in contributions since 1989 went to Democrats.[2]

In a study published in 2005 in the Journal of the American Medical Association, 93% of physicians surveyed reported practicing defensive medicine, or "[altering] clinical behavior because of the threat of malpractice liability."[3]

Arguments Against

Doctors should continue to be fully liable for medical malpractice. The pressure of law suits increases quality of care. [citation needed] 


 1  Tort reform must be part of health care reform Aug 13, 2009 Gov. Perry, Rick (www.sfexaminer.com)
 2  Why Democrats wont cross trial lawyers Aug 31, 2009 Unknown Author (www.sfexaminer.com)
 3  Tort reform in the United States Downloaded Sept 1, 2009 (en.wikipedia.org)

User Comments & Opinion


2 Voted Yes

1 Voted No

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I think the threat of lawsuits forces doctors to be more careful. It does increase the costs of doing their job, but safety is really important. - jennyhooah (twitter) vote up image vote down image 0
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