Essay On Tort Reform

Improved Essays
Group of ideas are designed to change an underlying liability rules in the civil justice system, tort reform. Tort reform often alters the cultural aspect of civil litigations and makes it difficult for the plaintiffs’ to do the following: a) whom to file the case against, b) filing a lawsuit, c) obtaining an enormous amount of money for their suffrage, and etc (Daniels & Martin, 2000).

Even though, tort reform makes it difficult for the injured person to sue a company, expecting millions of dollars for every claim is ridiculous. Ramseyer and Rasmusen (2010) mentioned about McDonald’s Coffee incident when Ms. Liebeck received $2.86 million for a coffee spill. If McDonald’s keeps satisfying every injured person with the money they demand, their business will be penniless. Instead, a cap should be placed on the amount being settled for the accuser. For example, the company can announce that for every incident occurred and if their case is valid, they will receive $100,000. Especially because the company’s only way of not going bankrupt is by increasing their prices. Every customer that purchase food at
…show more content…
A bill was passed in Texas in 2003 capping damages for pain and suffering from malpractice claims at $250,000. Another bill issued in California limit’s plaintiffs’ leverage by initiating a Malpractice and Injury Compensation Reform Act, which limits “pain and suffering” damages to $250,000 as well. Although private teaching hospitals are shielded from malpractice claims through “sovereign immunity” they capped their damages at $300,000 per incident in Florida. While granting these limits, the plaintiffs are still receiving a large amount of money. Additionally this helps lower income level families to not suffer in the process. Thus, tort reform is helpful and must be established in all companies (Trend: medical malpractice tort reform.

Related Documents

  • Improved Essays

    I was critizing the decisions of the courts thinking about who careless they could be to give a lady millions of dollars for something that she did herself. On top of the face that were was the common sense with this women not to be more careful with the coffee, already knowing that coffee would be hot. But I have to say that after watching the you tube video in class I have a very different view on the case. After viewing the court case video with all the acutall faces and exibits, I was able to better understand why the women sued McDonalds. When looking at the case, Mrs. Liebeck had a large amount of third degreen burns on her body that left here in the hospital racking up medical bills over 10 thousand dollars.…

    • 962 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Sometimes malpractice lawsuits are well warranted, however, sometimes they do not have legal merit. The conclusion of the article best summarizes the author’s advice to physicians faced with frivolous malpractice lawsuits when he states, “Doctors should hold the legal profession accountable when attorneys overstep. Give them a taste of their own medicine, and ask for damages. The number of frivolous cases has declined significantly since various tort reform measures have been enacted. If physicians are lucky, outrageous cases will be dismissed before too much expense is incurred.…

    • 401 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Michael Morton Court Case

    • 1294 Words
    • 6 Pages

    Throughout the years people have claimed and argued their position towards a big question. Although the simple truth thesis states that big questions admit simple, obvious, and undisputable answers this is not true. Big questions never admit straightforward and unquestionable answers. A big question can be anything from What is Life? to Is capital punishment wrong?…

    • 1294 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Three Strikes Law

    • 758 Words
    • 4 Pages

    Lesson 4 Essay Medical Malpractice can be defined as the negligent or irresponsible medical treatment of a doctor, nurse or other medical practitioner that results in injury or death of a patient in their care (McMillen Law Firm, 2013). One of the unique qualities about Florida is its exercise of the ‘Three Strikes Law’. The relatively recent amendment to the Florida Constitution would automatically revoke the medical license of any doctor hit with three malpractice judgments which makes Florida one of the most hostile states for physicians. In my opinion, when it comes to protecting patients and physicians alike, there should be limitations set in place for each party.…

    • 758 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This paper will discuss liability and negligence in the healthcare field as well as negligence issue in the healthcare field. Liability is defined as a potential for a lawsuit (Dunn 114). Liability can be found just about anywhere and is a concerning area in today’s age. Healthcare workers are very familiar to this word and been familiarized throughout their careers with this word. I can’t be a scary thing to think about in this field the potential to be sued from an employee level all the way to a corporate level.…

    • 714 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Tort Reform In Texas

    • 132 Words
    • 1 Pages

    Ironically, it is call the “Tort Reform” in the state of Texas. I know this from personal experience.…

    • 132 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Essay On Tort Duty

    • 652 Words
    • 3 Pages

    “It is primarily the blameworthiness of parental non-action, however, that justifies recognition of a tort duty to protect minor children” (Johnson & Hargrove, p. 319). “For example, in Laser v. Wilson,28 the high court of Maryland found that the parents of a two year-old child, and not their hosts, who had invited the parents and their child to a family gathering, had the duty to protect the child from the obvious danger of an open stairwell. 29 In a Texas case, a trial court entered a tort verdict against a mother who had failed to protect her daughters from abuse by their father.30 In another passive-parent case, in Minnesota, "the mother of a 21-year-old woman who was molested by her father as a child [was] found jointly liable for part of a $2.4 million jury award against him" (Johnson & Hargrove, p.…

    • 652 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    When evaluating the American legal system we must not be blinded by slogans and words. This countries legal system was built to protect and suit a group of individuals. Overtime more people sought protection and equality under this system but, efforts to equalize the legal system are never enough. Everyone can have the same ability to seek justices yet some will and others won’t. We each have our own definition for what we consider an injury, therefore some dispute and others don’t.…

    • 997 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    On March 25, 2003 Arkansas Governor Mike Huckabee signed the Civil Justice Reform Act of 2003. This was Arkansas’ form of tort reform. Tort reform is “alteration in tort infractions that impose some sort of civil penalty as a method of reducing the amount of money that an injured party can receive in tort litigation cases” (businesss dictionary). The Arkansas civil justice system had many changes imposed on it through this act. The first reform that took place was changes in joint and several liability.…

    • 318 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Before digging deeper in to the Liebeck v. McDonald’s case, I had never particularly heard about it except the fact that a woman had sued McDonald’s after spilling her coffee on herself. When I did hear someone talking about the case, it always seemed that people were making light of the injury or saw the case as being a matter of greed. However, after looking deeper into the case, I have a better understanding of the issue and the legal concepts behind it. The case took place in New Mexico in 1994 when an elderly woman, Stella Liebeck, spilt coffee on herself while going to the McDonald’s drive through.…

    • 736 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Although some cases are less serious, putting a cap on personal injury cases, overlaps the cases that actually deserve punitive damages. For example, a tort case involving a young child suffering serious burns due to an effective item that was bought from Sears. This child will never be able to live a normal life, her social life and love life will forever be affected. If in fact there was a limit on punitive damages, what if that amount didn’t compare to the amount that this child…

    • 461 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Benefits Of Tort Reform

    • 142 Words
    • 1 Pages

    On the other hand, tort reform is favorable for clinicians and health providers; sometime the tort reform is not fair in that it prevents physicians who make mistakes from paying fully for…

    • 142 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Should Health care be rationed? I firmly believe that health care should be rationed due to the fact that an outrageous amount of money is being spent on health care, because of the people abusing the privilege of having the government assist with their healthcare. Also, people spend a large amount of money on their loved ones who have only about six months of life left, or have a chronic illness. Since the government is spending so much money on healthcare this is creating a rising debt rate which is becoming a problem socially, economically, and politically. Since people are spending a large amount of money for treatment or to make their loved ones live longer than six months and have the best life they possibly can, that creates an abundance of medical bills.…

    • 1636 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…

    • 706 Words
    • 3 Pages
    Improved Essays