Tort Reform and Medical Malpractice

2:21 pm

Tort reform seems to be thrown around quite a bit when it comes to medical malpractice.

There is definitely a divisive argument on the subject as well. On the one hand, you have people saying that you need to put caps on malpractice cases. This side of the argument seems to believe that medical costs and insurance rates are on the rise because doctors are being sued more and more. These suits lead to more defensive medical testing that is pointless except in a legal setting, thereby driving all medical costs up.

On the other hand, you have the argument that most malpractice suits are legitimate. This side says that capping malpractice cases only hurts the patient. In the event of medical malpractice, the patient needs some form of recourse that is taken away by the cap. In addition, this side argues that malpractice premiums are only a small part of the reason for rising medical costs. Therefore, capping those lawsuits would have minimal impact anyway.

On both sides, you have people calling for a change. One side wants tort reform, the other wants patient care reform. Which is correct is hard to say. Both make strong arguments. It’s a very good idea to find a way to lower medical costs so that health care can be extended to more people more readily. It is also important that the professionals who provide that health care be held accountable for their actions. After all, readily available health care would be pointless if it did more harm than good.

I’m interested to see some community reactions on this one. Obviously, there are the two main sides listed here who will argue adamantly, but I’d also like to see if someone has an option that we’re not looking at.

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