The success the tort reform movement has seen thus far is based primarily on the movement’s widespread use of propaganda to dupe the general public. Unfortunately, many, many people have been convinced these myths are true and have voted to give up their own constitutional right, or to significantly limit their right, to seek redress for harms caused them.
As mesothelioma attorneys passionate in the fight against tort reform, we believe you have the right to know fact from fiction. Let’s take a look at what you may have heard and see if the evidence supports the claims.
Propaganda: People are “lawsuit happy” and the increased numbers of frivolous lawsuits are costing taxpayers big money because the court system must try all of them.
This is false. In fact, the Justice Department reported that between the years 1985 and 2003, the number of tort lawsuits decided by a judge or jury in U.S. District Courts fell 79%.
The real reason for this drop is that the courts already had a solid system in place (before tort reform) to weed out frivolous lawsuits; and judges have the power to proceed with only those cases that have merit. Tort reform seriously limits an individual’s right to bring a meritorious case and does nothing significant to decrease frivolous lawsuits.
Propaganda: Tort reform is necessary to bring down the cost of insurance premiums.
This is false as well. Insurance premiums are high, but it has much more to do with the greed of insurance companies than lawsuits. The proof is in the profit: $61.9 billion in profit was reported by the insurance industry in 2007.
While proponents of tort reform like to make the public think that damage caps will decrease premiums, Dennis Kelly, the American Insurance Association spokesman was quoted in the Chicago Tribune as saying, “We have not promised price reductions with tort reform.”
Propaganda: Tort lawsuits are making health care even more expensive and doctors are going out of business because they can’t afford the cost of malpractice insurance.
Wrong, again. According to the Government Accountability Office, access to health care has not been widely affected by medical malpractice lawsuits. In addition, the number of physicians has grown more than 40% since 1990 while the general population has only increased 18%.
Other factors have significantly contributed to the increase in the cost of health care, but medical malpractice tort cases are not among them.
Don’t buy the propaganda!
Those on the side of tort reform want you to believe that it will help you. Don’t believe it for a second. The real beneficiaries of tort reform are big corporations and big insurance companies. Most people won’t see any affect from tort reform until they try to seek compensation for a real harm done to them…and are challenged time and again by tort reforms designed to protect those that have harmed them.
Worried about how tort reform will affect your mesothelioma case?
Tort reform can limit where and when you can file a case. One of our experienced mesothelioma attorneys will personally handle your case and help you fight to protect your rights. ACT NOW to ensure that you file before your statute of limitations run out.
Tags: defense tactics, tort reform
