TORT REFORM

Threatening the Rights of Medical Malpractice Victims

In recent years, proponents of tort reform have lobbied to enact laws which limit the rights of individuals to seek redress in our courts. Such legislation has often been geared towards the area of medical malpractice litigation. Tort reform advocates claim that frivolous lawsuits and out of control jury verdicts are overwhelming our courts. Proponents further argue that medical malpractice suits are responsible for driving up doctor’s insurance rates and driving doctors out of business. In response to these claims, states across the country have enacted laws which limit the rights of individuals in their personal injury lawsuits. Tort reform measures include placing caps on the amount of non-economic damages an individual can recover and enacting procedural barriers for plaintiffs attempting to commence a lawsuit.

While tort reform advocates argue that these limitations something enough times doesn’t make it true. In fact, in a 2006 study published in the New England Journal of Medicine, researchers from the Harvard School of Public Health concluded that [P]ortraits of a malpractice system that is stricken with frivolous litigation are overblown. Additionally, a study by the Congressional Budget less than 2% of healthcare spending. At Gersowitz Libo & Korek, P.C., we believe that limiting individuals rights through tort reform is not the answer. Personal Injury lawsuits compensate individuals for real losses, including medical expenses and lost wages as well as for pain and suffering. In a country with rapidly rising health care costs, being compensated through a personal injury lawsuit should not be equated with winning the lottery. Legislation should not be health care providers at the expense of patients and consumers. Anyone can be a victim of medical malpractice or someone else’s negligence. If you think you or a loved one has been the victim of medical malpractice please contact Gersowitz Libo & Korek,P.C. at (212)385-4410 or visit us online at www.lawyertime.com.