Tort Reform is A Myth

July 1, 2010

I keep hearing about “defensive medicine” and how it is driving up the cost of healthcare and thus in order to prevent this practice by doctors who are afraid of lawsuits, we need Tort Reform so as to prevent jurors and victims of medical malpractice access to courts and the jury system. This will in turn prevent large verdicts that is driving up the cost of premiums which in turn drives up the cost of healthcare.

If we were to take this argument to its ridiculous end, one may also argue that drunk driving is causing wrongful death lawsuits which causes the insurance premiums to go up and so in order to reduce the cost of insurance we should have a reform to limit access to the courts and the jury system by those who have been injured by drunk drivers. Heck, we can even pass a law holding that drunk drivers are hereby immune from lawsuits!

Tort reform is essentially giving a pass to negligent doctors and their insurance companies by giving them immunity or limiting the financial exposure they should face when their negligence is causing injuries.

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