| My, what a complex question which doesn't really address all the flaws within the entire justice system but just a portion of it, a portion which seeks to protect the wealthy.
Tort reform in regards to medical malpractice is a very interesting issue, the government seeks to cap damages due to insurance costs on behalf of the AMA, an organization of doctors that refuses to police it's own ranks... Yet even the insurance agencies themselves say that tort reform will do nothing to the price of insurance because their rates are based more on profit via investments instead of the actual risk/cost of insuring.
So, one wonders what the real reason for tort reform in this case, or in others really is?
I can speak to you of personal experience of situations before tort reform, of my grandfather who went in for surgery due to a broken hip. They cut open the wrong leg, down to the bone, before they realised their mistake. This left him bedridden for the rest of his life and accelerated his decline. Due to lack of money he was shifted from hospital to hospital until even the veterans hospital refused him, a man who served in war to protect his country, before he died. His wife barely recieved enough to pay the bills and sold their lifelong home just to have enough to survive her remaining days.
Then there is my wife. The doctors said the operation would prevent her condition from returning and it returned. They claimed they didn't leave anything behind and that her constant pain wasn't their fault, but when sent for an MRI they had to stop the procedure because the magnets were tugging on something metalic inside of her, ripping at her from the inside. They calimed one of their interns didn't mistreat her when she was helpless in a hospital bed after the surgery even though she was so frightened that I had to stay with her 24/7 after that day to protect her....
For all of that, there is not one lawyer who would even hear our call for restitution... And we now wait for the day that we can have enough to get her another operation that she needs but is so horribly afraid to get because of the pain the last one caused. We wait for the day we can afford to get her that kind of mistreatment again, or the day when her health fails her again and they have no choice but to take her as a patient.
It's interesting to watch the people who have never been affected by something talk about how that something is flawed. You have no idea in which way it really is flawed.
"...the worker's liberty... is only a theoretical freedom, lacking any means for its possible realisation, and consequently it is only a fictitious liberty, an utter falsehood. -Bakunin |