Category Archives: Tort Reform

Don’t blame me for so-called defensive medicine

When a doctor orders a test, he or she is representing to the health insurance company that the test is medically necessary.  Yet many doctors admit they order tests they do not believe are medically necessary because they are afraid of getting sued for failing to order it.  So trial lawyers get the blame for [...]

This is why we need punitive damages

As I’ve said before, if men were angels, we wouldn’t need trial lawyers. BECKLEY, W.Va. — The chief executive at the time of the deadly West Virginia mine explosion was implicated by a former longtime subordinate Thursday of ordering a widespread corporate practice of warning coal miners about surprise federal inspections. Source: Ex-subordinate implicates former [...]

Wonder if these are the students who later commit medical malpractice?

I’ll tell you one thing – law school professors have no problem in failing students who they think will be bad lawyers.  Probably because lawyers have more loyalty to the profession than to each other. And over 40 percent admitted they had passed students who should have failed their course. Source: Why Failing Med Students [...]

5th Circuit Upholds Damage Caps

Maybe in a generation or two we’ll get some jurists who are hostile to placing handcuffs on the courts. (Reuters) – A federal appeals court has upheld Mississippi’s $1 million cap on what people can recover for pain and suffering in a case with direct bearing on pharmaceutical product liability and medical malpractice cases. A [...]

Proposed Utah Tort Reform WILL Lead to More Lawsuits

If I’m an attorney in Utah and this bill passed, I’m going to file suit ASAP just to protect my clients.  Personal-injury lawyers say the change would force their industry to file more lawsuits instead of first seeking settlement. Clients could also lose out on significant cash payouts—in some cases, it’s months or even years [...]