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  • Writer's pictureRob Murdock

"Tort Reform" is A Phrase Used to Take Rights Away From The Injured

In recent years, the buzzword "tort reform" has pervaded the American legal and political landscape. Proponents argue that it's a cure for skyrocketing healthcare costs, job loss, and a purportedly over-litigious society. But peel away the layers of rhetorical flourish, and the stark reality emerges: tort reform often disempowers the very individuals our legal system aims to protect—those who have been harmed through negligence or deliberate malfeasance. As attempts to restrict legal redress continue to gain momentum, it's crucial to examine how these changes jeopardize hurt plaintiffs seeking justice.

Tort reform generally involves legislation that caps the damages a plaintiff can receive, streamlines the process of filing lawsuits, or even limits the kinds of cases that can be brought before a court. On its surface, these may seem like sensible ways to expedite justice and control costs. However, damage caps in particular can prove devastating for those with severe, life-altering injuries. For example, in states where there is a cap on non-economic damages—those that cover pain and suffering or emotional distress—victims of catastrophic injuries may find that the awarded compensation is woefully inadequate to cope with lifelong medical bills and a lowered quality of life.

Moreover, by reducing the potential financial penalty for wrongdoers, whether they are corporations or individual professionals, tort reform weakens the incentives for adopting safer practices. Consider the realm of medical malpractice. In states with strict damage caps, doctors may pay lower malpractice insurance premiums, but there is also less financial deterrent against negligent behavior. Patients, in turn, bear the brunt of this risk—a calculus that favors financial interests over human life and dignity.

Some argue that tort reform would weed out "frivolous" lawsuits that clog the judicial system and result in higher costs for everyone involved. However, the term "frivolous" is often misleading. In many instances, what may initially seem like a minor complaint could be indicative of systemic negligence or abuse. Further, it’s a misconception that American courts are flooded with tort cases; according to the National Center for State Courts, tort cases comprised less than 5% of all civil cases filed in 2015.

In the push for tort reform, there is also a darker undertone that goes beyond the practicalities of court systems and insurance premiums: a societal devaluation of the sufferings of individuals, often marginalized, who bear the consequences of negligence. Limiting their legal recourse sends a message that their grievances are not valid, that their suffering has a capped worth. This fosters a climate of impunity where companies and professionals are shielded by laws that should instead hold them accountable.

Before adopting sweeping measures that prioritize cost-saving over the well-being of hurt individuals, policymakers should weigh the ethical implications of tilting the scales of justice. A system that minimizes the repercussions for negligent or harmful behavior is not just flawed in design; it erodes the very fabric of a just society, turning it into a playground for the powerful at the expense of those already disadvantaged. Tort reform, in its current trajectory, may promise efficiency and cost-reduction, but it delivers these benefits by imperiling those who are most vulnerable. And that is a cost too high for any society that values justice to bear.

Murdock & Associates, renowned for their expertise in advocating for victims of abuse and neglect, medical malpractice, and catastrophic torts, is committed to ensuring their Client's rights are protected.

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