Tort Reform Myths and Facts
Tort Reform Myths and Facts - Online Lawyer Source
In the most unambiguous terms, tort reform hurts the American people by taking away their legal rights to file a claim and receive fair compensation when they have been injured at the hands of another.
With an enormous bankroll and political clout, advocates of tort reform have done an impressive job convincing the American people that a tort reform crisis exists. An abundance of evidence indicates there is no crisis. Tort deformers, as consumer advocates call reformers, claim that frivolous lawsuits and greedy lawyers are congesting our courts, bankrupting corporations, and draining the economy. The facts clearly speak to the contrary. Below are some of the major myths perpetuated by advocates of tort reform and the facts, which prove their fiction.
1. MYTH: Frivolous lawsuits are flooding our legal system.
FACT: Frivolous lawsuits do not exist as represented by tort reformers.
FACT: The number of lawsuits has significantly decreased in recent years.
FACT: Businesses, not consumers, are far more likely to file frivolous lawsuits.
2. MYTH: Plaintiffs are being awarded outrageous and unwarranted sums of money for their losses.
FACT: The amount of compensation awarded in personal injury cases is in decline.
FACT: The payout in medical malpractice cases has decreased over the last four years.
3. MYTH: Capping damages lowers medical malpractice insurance premiums for doctors.
FACT: Tort reform caps result in savings for insurance companies NOT doctors.
4. MYTH: The tort system places a $300 billion burden on the economy.
FACT: There is no such thing as a tort-tax. The Congressional Budget Office has repudiated the so-called tort tax.
5. MYTH: Medical malpractice claims run up the cost of healthcare.
FACT: Medical malpractice claims have a negligible effect on US health costs.
6. MTYH: Lawsuits are filed at the slightest provocation.
FACT: Many people who are seriously injured never file a claim.
7. MYTH: Doctors are forced to practice defensive medicine for fear of medical malpractice lawsuits.
FACT: No evidence indicates that doctors practice defensive medicine as a response to lawsuit threats.
8. MYTH: Lawsuits threaten to drive doctors out of practice and bankrupt small businesses and factories.
FACT: Most lawsuits are not even filed against doctors or companies.
FACT: The number of lawsuits against doctors is decreasing while the number of practicing physicians is increasing.
9. MYTH: Punitive damages are awarded to often and for too much money.
FACT: Punitive damages are rarely rewarded in civil suits.
OTHER FACTS
* In 1995, the tobacco industry funded half the American Tort Reform Association''s budget $5.5 million a year. The money trail of many tort reform advocacy groups is traced to big tobacco, the pharmaceutical industry, large corporate donors, auto manufacturers, and medical associations.
* Less than 6 percent of the nation''s doctors are responsible for over 57 percent of the payouts in medical malpractice lawsuits. (Public Citizen 4/2005)
* Of all the personal injury claims filed, only five percent are medical malpractice claims and another five percent are product liability claims. A big percentage of personal injury claims are filed by one citizen against another in a vehicle accident claim.
* Victims bear the lion''s share of medical malpractice costsincluding lost lives, additional medical expenses, time out of work, pain and suffering, and more.