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Always work with experienced attorney to build strong medical malpractice defense

Those who are familiar with the term know that it refers to efforts to curtail tort litigation by implementing limitations on the ability to file tort claims, or limitations on the ability to collect damages in these cases. Tort reform has long been an important goal at the state level. As we noted in a previous post, though, there are currently efforts to implement tort reform under federal law. These efforts include a proposed cap on noneconomic damages in medical malpractice lawsuits.

One of the arguments in favor of tort reform is that courts are backed up with tort litigation and that it is necessary to reduce the amount of litigation in order to unclog the system. In reality, though, recent research shows that tort litigation has actually reduced to a significant degree in recent years. 

According to recent reports, tort filings were down 12 percent in 2015 from 1993. The decrease in tort filings has raises the question of whether tort litigation continues to be seen as a viable avenue of seeking compensation. In contrast to tort litigation, contract litigation drastically increased between 1993 and 2015, increasing 33 percent.

The adoption of tort reform at the state level very well may have something to do with the decrease, though this would have to be studied. Caps on damages in medical malpractice and other cases are certainly partly behind the change. Another factor is negative public attitude toward tort plaintiffs, who are often perceived as litigious and pursuing frivolous claims.

For defendants in medical malpractice claims, building a strong defense is always important, no matter how many challenges the plaintiff may be facing in his or her case. A sympathetic malpractice case can take a defendant by surprise and leave a physician’s career seriously harmed. A skilled attorney can help ensure, however, that a physician has strong representation and the best opportunity for a favorable outcome. 

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