Although this is a very popular subject in today’s legal circles I am hoping to take a more realistic approach on the subject. Most of the arguments that we hear today on the subject of tort reform are slanted all or nothing approach that we hear from people on either side of the argument. Everyone agrees that there need to be changes because of the cost of the people who abuse the system, it just comes down to the fact that everyone is for all of the changes, as long as they don’t negatively affect them.
This paper will show that tort reform could have little to no effect on the health insurance costs of Americans, and could have harmful effects on the ability of Americans who find themselves, or their family members injured by the negligence of medical staff and therefore makes it necessary to seek relief through a malpractice lawsuit. The purpose of this paper is to determine how the tort law system can be reformed without damaging the ability of the truly injured person from receiving due compensation from the negligence of others which makes them unable to provide for themselves due to these injuries.
The list of persons that will benefit from my research and findings is really endless because it can benefit anyone who finds themselves injured at the negligent hands of another. We don’t have the foresight to foretell who all will benefit in the future; it could be you the reader. It will very possibly have a negative effect on many in the legal field. I fear that most of the reforms and changes that will need to take place will be on the attorney’s side of the field. I will show that this will be the key way that we can stop frivolous lawsuits while still maintaining the ability of the legitimate ones to go through the system.
If you take the incentive away for frivolous suits, the frivolous suits will disappear. This must be done without going down the very dangerous slippery slope which could ultimately lead to the inability of good people that have been wronged from being reimbursed through the use of our tort judicial system. The largest thing that I hope to learn from all of my research is that even though there will be cuts in the percentages of money that will go to the lawyers, there will still be enough incentive for attorneys to take cases that are legitimate, in which there is a blatant disregard for the proper care and treatment of the patient.