Thursday, February 13, 2003

Joanne Doroshow, executive director of the Center for Justice and Democracy, makes some salient points in her interview opposing tort limitations. Such as:
1. There is no basis for tort reform whatsoever. Lawsuits, lawsuit filings, jury verdicts are down, and they’ve been that way for years. But insurance companies are blaming juries and victims for their own mismanagement and lost investment income. So, that’s why it’s a scam.

2. Doctors, hospitals and HMOs don’t want to be sued. They don’t want to be second-guessed when medical errors occur. And one way to certainly stop patients who have been injured from suing is to take their rights away, which is what tort reform does.

3. Federal law limiting damages in this type of case sets a very dangerous precedent, and could lead to other industries seeking limitations on damages in years to come.

4. There is danger in limiting one's right to sue, because often the results of a lawsuit lead to changes within the targeted industry to make it safer.

5. There is no "lawsuit abuse:" only one in eight people who are hurt by malpractice even make a claim for compensation, an extraordinarily low ratio.

Nice interview. Read it all.

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