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In: Biology

Do we need Tort Reform? If not, why not? If so, what reform do you like...

Do we need Tort Reform? If not, why not? If so, what reform do you like the best?

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Expert Solution

As we all know tort reform means there should be some proposed changes in the civil justice system that would aim to reduce the ability of victims to bring the tort litigation or to reduce the damages. The need of this Tort Reform is very important because the current state of the legal system forces great costs on the U.S. health care system. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped to reduce the malpractice insurance rates and encouraged the young physicians to pursue specialties such as obstetrics ( a branch of medicine and surgery that concerns with childbirth and midwifery ). Other recommendations to improve this tort system includes starting the expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making some acknowledgment of errors that inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts.


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