The Myths of Tort Reform
Touted as an inexpensive solution to the skyrocketing cost of medical malpractice insurance, tort reform has been quite the buzz lately. However, some opponents say that it may not be as beneficial to our economy as its founders and supporters would like us to believe. In fact, a study recently published by the U.S. Department of Justice has revealed that tort reform is not only biased, but it’s also inaccurate.
Read on to find out more about the myths of tort reform as explained in the report:
The Myth: Plaintiffs are awarded too much in punitive damages
The Truth: Barely 3 percent of plaintiffs in medical malpractice cases are even awarded damages, and among that group, the average award is barely $38,000. This is hardly enough when taking associated costs into account.
The Myth: Plaintiffs are steadily being awarded more and more in punitive damages
The Truth: Actually, the U.S. Department of Justice reports just the opposite: punitive damages awards were nearly slashed in half between 1992 and 1996, with plaintiffs receiving approximately 47 percent less by the end of the last year studied. This means that the average award plummeted from $57,000 to $30,000 in that short amount of time.
The Myth: Juries are more inclined to get emotional than judges during judges, increasing the likelihood that they will find in favor of the plaintiff
The Truth: The report evidences that in medical malpractice trials, juries find in favor of the plaintiff in only 23 percent of the time while judges rule in their favor in more than 38 percent of cases. This discrepancy brings us to the next myth…
The Myth: Judges are far less likely than juries to award punitive damages
The Truth: The report disputes this myth, finding that judges awarded punitive damages to plaintiffs in 8 percent of such trials while juries awarded them in just 3 percent of such trials.
The Myth: The tort system has become a library system that favors the plaintiff
The Truth: Again, evidence found that the average award barely topped $30,000, with just 17 percent of plaintiffs recovering at least $250,000 in damaged and with just 6 percent recovering more than $1 million.
To learn more about the myths of tort reform and how they can affect your case, confer with a personal injury attorney in your area. Category Archive | Find a Lawyer
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