Tort Reform is Not the Answer

Tort Reform is Not the Answer

Although the recent efforts by the Trump administration to repeal and replace Obamacare failed, other bills associated with health care reform continue to make their way through congress. This includes H.R, 1215, which would pre-empt state laws, and cap non-economic damages in medical malpractice cases at $250,000, even in wrongful death cases and even where there are multiple defendants. Such bills would deprive victims the opportunity to seek full and fair compensation for their injuries. As California medical malpractice lawyers, we see first-hand the challenges that caps on damages bring to patients seeking justice for their injuries. However, many doctors have also stated that capping damages and other tort reform measures have limited, if any, effect on improving patient safety or reducing the cost of insurance for doctors. For example, a recent study examining tort reform found that if the number of medical malpractice lawsuits was reduced (via the implementation of health courts or other alternative arrangement), that on the one hand maybe fewer unnecessary tests and procedures would be done, but that that may lead to more errors. Further, capping damages does not lead to any improved safety or reduced costs to doctors.

As California birth injury lawyers, we strongly oppose legislation that denies those injured to full and fair compensation, and are dedicated to fighting for those harmed by medical malpractice. For more information, please contact our highly respected San Diego trial lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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