Thursday, September 10, 2009

Tort Reform and Health Care Reform

President Obama mentioned Tort Reform as part of his health reform initiative. What is Tort Reform? It is the limitation on a person's ability to bring a claim or a limitation on the compensation a person may receive as a result of injuries caused by another person's negligence. Doctors have been the principal proponents of this idea. Like anything that limits a person's rights, it sounds reasonable until it is you. The most frequently promoted idea is a limitation on non-economic damages or pain, suffering and the ability to enjoy life. The dollar limitation that is put forward is $250k. In thinking about this consider the real case that occurred in a southern state: A boy was born in a well regarded hospital. When they circumcised him they cut off the head of his penis. There were virtually no economic damages associated with this injury. This under the Tort Reform limitation he would receive no more than $250k for this lifetime loss. Is this fair? Michael Quinn, Esq.