Tort reform, what is it and is it really a good thing?

[Howard Dittrich]

Have seen tort reform brought up on several different threads, mostly dealing with health care. Several members of the Forum appear to support some type of tort reform. From my limited understanding of this topic I don't believe I can support it. Specifically limiting non-economic (punitive or exemplary) damages.

My understanding of tort reform may be incorrect due to my limited knowledge on this subject. Which is why I am asking the question here: What is tort reform and what does the forum think, good or bad?

[Bob Jentges]

Have seen tort reform brought up on several different threads, mostly dealing with health care. Several members of the Forum appear to support some type of tort reform. From my limited understanding of this topic I don't believe I can support it. Specifically limiting non-economic (punitive or exemplary) damages.

My understanding of tort reform may be incorrect due to my limited knowledge on this subject. Which is why I am asking the question here: What is tort reform and what does the forum think, good or bad?

I am by no means an expert on the issue, but I know a little about it. There can be many facets to tort reform. Over 30 different states have passed different versions of tort reform over time and from what I have read I believe most citizens of those states support the states version.

I do not know of any states version of tort reform that limits economic damages i.e. past and future medical expenses, past and future loss of wages, etc. Most place some limit on non-economic damages i.e. pain and suffering, disfigurement, etc. From the reading I have done it seems like $250,000.00 is pretty common as a tort reform non-economic damage limit.

Economic and non-economic damages are compensatory damages, assessed to compensate the injured person for their loss. Punitive damages are awarded for the purpose of punishing the the wrong doer rather than compensating the injured party. If they are assessed they are over and above the compensatory damages awarded. I do not beleive insurance policies pay for punative damages in most states---they are the personal responsibility of the insured party.

I think one of the big reasons some favor some sort of tort reform in health care is because it should limit what is commonly referred to as defensive medicine. Doctors are concerned over malpractice lawsuits so it is alledged they often order an excessive amount of tests to refute any claim they were not through in treating a patient, in the event they are faced with a malpractice suit. The more unecessary tests, the more unecessary expenses, the more expenses insurance companies pay for the more doctors pay for insurance premiums and on and on it goes.