What Are The Pros And Cons Of Tort Reform

Tort law is a very important component regulating how the civil justice system of any society works. It is not a single law, but rather a collection of ideas and laws that regulate the amount of compensation an aggressor pays the victim in an event of harm. The harm or injury could be physical, or to the property and even the reputation of an individual. Enacted during the colonial period in the our country, many people believe that this law should be reformed to best suit the current citizen of the United States. No wonder it has been a hot topic of discussion, especially since the Republicans won control of the House back in 2010.(Cross 1375-1381)
Tort lawsuits are very common in the US, especially in the medical field. Most patients sue
If approved, the litigants would be on the receiving end. Firstly, they would not have enough time to file their cases and secondly, given the lawsuits duration restrictions imposed on them; they will have to suffer an additional cost of the heavy burden of proof. Taking a legitimate tort in consideration, the approval of the reform would unethically cause more harm to the injured. Which would stir an acute controversy as far as ethics are concerned. (Priest 461-527)
As we all know, the tort cases are part and parcel of medical practice. In fact, most of the advocates for the tort reform are those in the medical field; ranging from the physicians to insurance companies to hospitals etc. These parties have always decried the unfairness of the tort law. Although most physicians, I believe do their best and never intend the damages caused to the patient during medical procedures, it is common knowledge that medical malpractice is a reality as well. Supposing the tort laws were amended, what would become of the physicians whose practice always cause harm to the patients? And given the human frailties, with no strict and most at times debilitating consequences; how sure are we that negligence in the medical field would not escalate? It is therefore a heated issue to amend these laws; even more so considering the medical field lest, malpractice and negligence take a
What would happen in the event that the injured, loses the case? What about the fate of the plaintiff? This would mean that, the harmed party would suffer more since they would not be compensated after losing the case. On the other hand, the defendant would lose no dime even after causing injury to another party. This screams injustice in any reasonable society. Taking up this scenario a notch, what would happen to the next victim of the defendant who won the case and walked freely? The chances that they would inflict harm to another individual would be so high given the favorable probability that they would be home free as long as they win the case. This definitely would result in increased loss of accountability in our society. (Cross