Tort reform is a liberal idea. No true conservative would ever vote to give a special interest group more benefits and protections from the government and take away rights of the citizens.
That is a no brainer and anyone that claims to be a conservative and supports tort reform has no clue what conservatism is.
Very disturbing, scary.
It depends on how you look at it and how you apply it.
My idea of tort reform is to ensure one has fear of fianncial repercissions if their lawsuit is deemed by a judge to be frivilous.
As you know, Inusrance companies analyze the cost/benefits of defending a suit...and many realize that it would be becost effective to settle as opposed to follow through with the suit; even if it is a sure win.
With this knowledge, Ambulance chaser attorney's with nothing better to do, "take the chance" and charge the client nothing to bring a suit...and only ask for a percentage of the settlement.
In the end, sure...an insurance company can counter sue for puntiive damages and court costs...but from an image standpoint....that would never be in the best interest of the insurance company.
So to me, to allow a judge (or a jury or peers) to determine if a suit is frivilous and levy on the false complaintant a fine that is forwarded to the defendant for his/her time and costs...and not have it be awarded via a counter suit....would most certianly minimize frivilous lawsuits WITHOUT interfering with ones right to sue.