Why Tort Reform is a Bad Thing: New York Medical Malpractice Lawyer


Understanding Why Tort Reform is a Bad Thing from Our New York Medical Malpractice Lawyer

You may have heard the dreaded words “tort reform” before but not know what it is.  I’ll tell you what it is.  It is a deprivation of YOUR RIGHTS.  This is the misguided movement that by lowering the damages of which victims of medical malpractice can reviewed, we can lower the costs of health insurance.  Fun fact—is your health insurance more or less than it was five years ago? Ten years ago?

Yeah, I didn’t think it was.

You’ve been had.  Studies even show that there are LESS medical malpractice lawsuits filed in general, perhaps due to the wonderful advancements in medicine.  It is not due to the tort reform, as a hungry plaintiff’s lawyer will take any type of medical malpractice case that walks through the door—and i’ve seen some lawyers take horrible cases.  

So why do we lower the damages for medical malpractice victims?

Because these damages affect the bottom line of insurance companies.  The less they have to pay out, the less they will lose and the fatter their bonuses.  

But the worse you will be after a serious instance of medical malpractice.  In fact, I took a case in Alabama which has damages well into the 8-figure range of a catastrophic birth injury.  But apparently some Alabama medical malpractice cases have a cap at $100,000.  Thankfully there are exceptions and this case probably fits into one of these exceptions.  But imagine if it did not?  An award of $100,000 wouldn’t even pay for a year—maybe not even 6 months—of medical care and treatment for this poor child.  It is a horrific tragedy.

Why do we, the victims, have to reform what we get?  Shouldn’t it be a medical reform? Doctors committed medical negligence and malpractice should be fixing their conduct and not hurting us.  Is it fair to blame a rape victim to reform what he or she is wearing?  Absolutely!  Where is the medicine reform?  

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.