MBA 502C Business Law
Like many legal issues, the mentioning of tort reform has the ability to stir up controversial debates. Tort reform addresses civil lawsuits of various degrees such as medical malpractice, automobile accidents, and personal injury. Therefore supporters of tort reform seek to ensure laws are changed that limits the amount of damage recovered. Those who are against tort reform believe their Constitutional rights are violated.
The article written by Dan Zegart exposes the reader to the distraught tort reform has on those suffering from civil lawsuits that do not make it to court. Such as the case of Jacqueline Smith who’s mother was raped in a nursing home. Cases such as hers, and many others, do not make it to court because malpractice cases are generally “barred from court” (Zegart, 2004). The article goes on further to mention how President Bush is credited for over thirty states supporting tort reform.
Zegart mentions throughout the article on several occasions the Bush Administration and his position on law restrictions as the governor and as the President. Noting that the President’s campaign made fictitious claims blaming medical liability as healthcare’s biggest cost further supports his position on the issue. The article goes on further to mention how tort reform has had very little, if any, affect on insurance premiums or the number of malpractice filings. Much is offered to the reader to understand the tone of the article is to stand against tort reform.
Illustrating the unfairness of those who suffer from malpractice or defective products is a great way to gain supporters to stand against tort reform. Along with that, reducing the amount a person may be compensated and removing the jury from hearing cases help strengthen Zegart’s position. Diving further into the goal of civil liability would have possibly made the article much stronger. Companies and doctors should be held
References: News Batch. (n.d.). Tort Reform. Retrieved October 28, 2014, from www.newsbatch.com/tort.htm Zegart, D. (2004, October 25). The Right Wing 's Drive for 'Tort Reform ' | The Nation. Retrieved October 28, 2014, from http://www.thenation.com/article/right-wings-drive-tort-reform?page=0,5#