Our own Senator was quoted in a recent op-ed piece in the Wall Street Journal written by Philip K. Howard. In the piece entitled, “Health Reform Requires Lawsuit Reform,” Mr. Howard advocates for the creation of a special health court akin to Workers Compensation Courts to replace the jury in medical malpractice trials.
As a plaintiff attorney and member of the American Association for Justice, my opinion on the matter is obvious. Not only is the jury system necessary to our system of justice, but numerous reports have shown that changes to the malpractice system can not and will not save our battered health care system. In 2008, the Congressional Budget Office reported that the “CBO has not found consistent evidence that changes in the medical malpractice environment would have a measurable impact on health care spending.”
The scare tactics of tort-reformers overstates the situation greatly suggesting that there are countless frivilous suits filed daily to shake down doctors. Anyone who has approached an attorney with a potential malpractice claim knows that quite the opposite is true. Unless the damages are staggering and the negligence somewhat clear, no attorney in the world is going to attempt to file a lawsuit because of the prohibitive cost.
Tort reform costs us all our constitutional right to civil compensation for the wrongs suffered and this cost far outweighs the meager benefit to our health care system. I want to applaude our Senator for protecting our rights for as he states himself, the jury trial “our protection against tyranny of the majority.”