Preview

The Pros And Cons Of Tort Reform

Good Essays
Open Document
Open Document
765 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Pros And Cons Of Tort Reform
Tort Reform is this good? Does Tort Reform actually help us, the consumers from Corporate America putting profits over us? Does Tort Reform help with safer products? Should there be limits to punitive damages?
Is Tort Reform good? There are people that insist it is and there are those like myself that believe Tort Reform is another way to take yet, another right away from us. Allow me to begin by defining Tort Reform. Tort is a personal legal wrong doing and Reform is to make changes in order to improve it. So, we have a personal legal wrong doing and making changes to improve a particular situation. Sounds good right! Based on just the definition why would we not all be for Reform. Let’s Reform everything. Hmmm… here lies the problem. This
…show more content…
Of course, it did. Reform helped the company not the plaintiff if anything your right was agreeably taken away. If that was your intended goal than perfect, but if you were thinking about putting yourself in the plaintiff’s seat would you still agree? I was not able to find what Liebeck costs vs award was, but after using the second example, it left the plaintiff with debt and future costs that will eventually lead to debt or no services for the future. The benefit was one sided, on the side of the company. Reform hinders the courts and the judicial process. By not being able to hand down proportional justice, thus thwarting our right to hold those accountable. Similarly, does Tort Reform help with safer products? When we have the ability to exercise our right to hold those accountable individuals and society reaps the rewards. Examples of this would be the tobacco companies, Firestone Tire, and of course with Liebeck v McDonalds to name a few. All of these companies CHANGED the way they do things. Weather it was changing policy, changing manufacturing practices or even recalling products to avoid the strong hand of justice. Instead of budgeting for the “what

You May Also Find These Documents Helpful

  • Powerful Essays

    reduce the cost of malpractice lawsuits, defensive medicine and the lack of justice for injured…

    • 1629 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The legal issues presented in this film are as follows: the effects of the media on citizens to ridicule lawsuits such as Stella Liebeck’s, the effects of limiting the amount of money that can be awarded by a jury in damages to the plaintiff otherwise known as caps on damages, such as the case of Colin Gourley, the corporations’ influence and power in judicial elections as well as the extent they will go to as experienced by Oliver Diaz, and the effects of mandatory arbitration in the work place, battled by Jamie Leigh Jones, as well as in consumers’ lives. All of these issues are presented to the viewer in order to prove an overall point of tort reform. Tort reform should be questioned and researched by citizens the film suggests, by encouraging a…

    • 764 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Ap Lang 11 22

    • 693 Words
    • 3 Pages

    Warrant: Without reform there is no way for this law to work which in return.…

    • 693 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Healthcare reform is intended to increase the health of the American people and decrease the cost of healthcare. Prior to the law the health care access and insurance coverage was limited, and there was a rise in unhealthy people. The American people had complained or have accessed health care with no way to pay the bills Part of Healthcare reform is to ensure the American people have health care coverage and begin to take control of one's health to live a longer life, which will ultimately lower the costs of healthcare.…

    • 601 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Although this did not cure all issues surrounding the courts and right of the accused, it did make it harder for citizens to be treated cruelly through due process. There are still many court cases today that seem unconstitutional to the eyes of citizens. In some cases, people are discriminated against or profiled based off of stereotypes, which leads to a bias when a jury comes to rule the defendant as innocent or guilty. In other cases in the past, there is not even a jury of peers…

    • 791 Words
    • 4 Pages
    Good Essays
  • Good Essays

    It has begun the process of equaling the playing field between insurance companies and healthcare providers. It is going to help tremendously with Medicare and Medicaid programs in reducing costs, by managing care and bundling services for members. Also, by increasing the number of insured people unnecessary medical costs for non-life threatening visits to the emergency room will decrease whereby offering relief to hospitals and the individuals. Furthermore, by expanding health care services individuals may not be so chronically ill before receiving care, which helps lower costs and improves the quality of life for many. It will take time to fix the system. It was not broken overnight and therefore will not be fixed overnight either. I see many more reforms to come and ultimately an increase in taxes, but if that is what it takes to help this system than we all need to take responsibility for it. The ACA is at least setting the stage for much needed reform to an otherwise failing…

    • 740 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    On a micro level, although many Americans say they're satisfied with healthcare and healthcare plans, they still worry about the future. Teixeira (2005) states that they are worried "about treatment that could be denied them, about costs that could ruin them, and about loss of coverage." Healthcare reform is important for both patients and healthcare facilities.…

    • 1492 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Not every new piece of legislation fixes the problems at hand. Some of the issues only get worse, and then the law must be reformed. With the Affordable Health Care Act, there are a number of pros and cons with this policy and below, it will explain how these changes have greatly affected the general public for the better and worse.…

    • 2608 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Tort Reform In Texas

    • 255 Words
    • 2 Pages

    Before 1975 Texas was considered to be a complete quagmire of judicial mumbo-jumbo. The state’s system of justice allowed for laws to be applied arbitrarily. Enforcement of personal property rights and contracts varied depending on which local court had the case. Moreover, several counties that had bad reputations notwithstanding the court. Judicial outcomes often depended on which attorney was before which judge in which county. Equal enforcement of the state’s laws was simply not a certainty upon which a citizen could rely. In the early most attempts at tort reform in the State of Texas, a well-respected University of Texas Law School professor was asked to spearhead a commission and make recommendations on how to fix the those judicial inequalities.…

    • 255 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The reform will likely affect cost containment, because the increase in emergency department visits has increased in recent years and the United States is the world’s highest spender on health care. The reason the United States is one of the highest spenders of health care, is because the citizens want the highest quality of service and the shortest amount of time to wait to see the physician. The United States also offers a variety of expensive procedures and technological advancements compared to majority of countries. This puts pressure on hospitals and the staff, to treat the patients to the best of their capabilities, while adhering to their principles and responsibilities. The reform will affect public health by having all citizens have health insurance and emphasizing that all individuals are responsible for their own health. Having the best health, originally starts with the choices the individual makes, either by healthy choices or making the choices to put them at risk for health problems. The reform will affect access to care by limiting the individual's access to the physicians they want to see personally, because health care coverage is restricted on who they can see and afford. Also, with more individuals having access to insurance, that did not have it before, they are going to see physicians on health related problems that…

    • 1914 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Tort Reform

    • 1274 Words
    • 6 Pages

    In the article “Tort Reform: What Is It and How Does It Affect You?” Attorney John R. Mininno states, “Tort reform is an effort to take away the average consumer 's rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm. These corporations and insurance companies, along with their political counterparts and lobbyist, promote an aggressive campaign of propaganda, boasting false economic benefits of tort reform, in hopes to drum up popular support for limiting ordinary citizens their rights. These well-funded lobbyist push for caps on the recoveries that judges and juries can award in litigation and, in turn, aims to limit liability and allow companies to escape full and fair compensation to the people they injure.” (Mininno). In…

    • 1274 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Tort Reform

    • 370 Words
    • 2 Pages

    Tort reform can do nothing but hurt the average person in America who has suffered an injury due to the negligence of another. There are thousands of cases of experiences where babies have suffered brain injury due to medical negligence, workers have lost limbs because of faulty machinery, construction injury occurs as the result of defective equipment, and spinal injury has occurred due to faulty seat belts or defective tires. I could really go on and on with more stories about badly injured consumers who are forced to shoulder the high costs of medical mistakes in order to provide cheaper malpractice insurance for doctors who have made such medical errors. This would sadly take all day, which is hard to believe that this has gone so far. To me it just doesn’t seem right it makes the average American second guess there trip to the doctor or even just to get a cup of coffee. I like to feel safe, and Tort…

    • 370 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In my opinion, Tort reform will benefit both the patients and the medical practitioners, but it is more favorable for clinicians and health providers. It will benefit the patients because of its promised to reduced health care cost and better health care access. Tort reform has the potential to attract more physicians to continue their practice. According to the report, through tort reform, patients have greater access to specialists in high-risk fields of medicine, and more emergency room doctors are willing to be on call because their fears of lawsuits have been reduced (Roser, 2012). In the article title “Tort Reform Is Associated with Significant Increases in Texas Physicians Relative to the Texas Population”, states that after Texas Implemented…

    • 875 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Essay On Tort Reform

    • 1008 Words
    • 5 Pages

    It is all about personal viewpoints. All it takes is one misunderstood detail to blow a case out of proportion. Reporters use facts from cases that can be interpreted in many different ways. These humorous and minute details are used to get publicity and are tarnishing the reputation of civil lawsuits. Lawsuits are very beneficial for the relationship between consumers and companies. It lets the companies know what consumers do and do not want from their company. There is a definite need for the tort reform, but no need to get rid of civil lawsuits all together. Putting caps on rewards should be enough. Getting rid of civil lawsuits would only anger the public. Every citizen has the right to speak his or her mind, even if it may seem petty. Being able to speak their mind is important to most people in society these days. If people received less in punitive damages, but were at least able to continue to file lawsuits, then there should not be that big of an issue. With having the tort reform, a large amount of money could be saved. There are a ton of other strategies to help the justice system save money. Taking out civil lawsuit could save money, but would hurt the economy in many other ways. Limiting lawsuits is not the answer to saving the economy…

    • 1008 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The Health care reform benefits the people by making it against the law to deny any U.S. citizen coverage or rise rates based on pre-existing medical conditions for example diabetes, high-blood pressure, or asthma. The reform also prevents insurances companies from dropping you because of any illness or accidents you get while covered, however that’s not the reform also provides U.S. citizens with Free preventive care and annual checkups which the law focuses on to help people stay healthy and to mange chronic medical conditions before they become more complex and costs Americans a fortune in treatment for something that could have been avoided. Another Benefit is the health reform allows citizens to pick the doctor of their choice thorough your health care plans provided network and grants them emergency room access out of there network without any penalty’s unlike before. Also people will now get premium rebates if the insures underspend on health care expenses due to the fact that most insures have to spend at least 80% percent of premiums, but if insures spend to much on overhead like salaries or administrative costs instead of health care they must issue premium rebates to consumers. Then the reform also forces insurance companies to have standard disclosure forms which began in September 23, 2012 by summarize benefits and coverage, including information on co-payments, deductibles, and out-of-pocket limits. Insurers must note any excluded services all in one place. Insurers must also calculate and disclose your typical out-of-pocket costs for two medical scenarios. To add on by law health care plans must cover set of essential benefits such as doctor visits, prescription medications, hospital stays and ambulatory care and newborn care. And now some families may even qualify for financial assistance to help lower costs of their premiums, for example a family of four earning 50,000 per year can get affordable coverage for as little as $162 per month. A…

    • 600 Words
    • 2 Pages
    Satisfactory Essays