The Ugly Truth About Tort Reform

Allison Snoddy

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Recently our office received a letter from a woman that had problems with her mother and a negligent nursing home, I thought it would be interesting to read what one of the attorney's wrote back:

I am sorry to hear about your mom's treatment. You hit the nail on the head. Tort Reform has made nursing home cases difficult to pursue because of the damages cap. State employees are often incompetent. It took an attorney's letter to get your mom moved because a lot of folks who work at these homes are poorly trained or even worse just don't care unless they get some pressure from an outside source. The saddest part is that this all came about because voters were led to believe that they were doing the right thing by voting for economic caps. I have reviewed several heart breaking cases such as this. By the time experts are paid, depositions are taken, medical records are paid for, and the additional costs in getting a case ready for trial are spent, there just isn't enough left to make the case economically feasible to take on. Again I am sorry to hear about your mom. Get the word out about what Tort Reform has done to you. Juries know a good case from a bad one, and when and how to compensate deserving victims. If a judge feels they have awarded too much he/she has the power and authority to reverse or reduce the award. If he/she doesn't do it ,the Appeals Courts will. With tort reform that has all been taken away. Did you know that Tort Reform now requires that an Emergency Physician has to harm a patient intentionally and/or with GROSS disregard before they can be sued for malpractice? There are many more examples of how legitimate cases have been defused by Tort Reform. If I may be so bold to make a suggestion while I step off my soap box............Vote Democratic.........