The true meaning of "tort reform"
As described by Texas Monthly:
Here is what can happen to you in Texas today, thanks to tort reformers and the Legislature: If you go to an emergency room with a heart attack and the ER doctor misreads your EKG, you must prove, in order to prevail in a lawsuit, that he was both “wantonly and willfully negligent.” If you took a drug that was later recalled after studies proved it could cause fatal complications, the manufacturer can escape liability for your serious injury or death if the instructions inside the package were approved by the FDA when you took the medicine. If your child is blinded at birth because of medical malpractice, there is a good chance that her only remedy is to receive a few hundred dollars a month for the rest of her life. If a driver hits your old Ford Pinto from behind and burns you beyond recognition, Ford will almost certainly be able to shift the blame from its defective product to the driver of the other car. If you live in an apartment complex that lays off security guards and fails to maintain its locks and you are raped as a result, the apartment owner can still avoid liability. All of the above presumes that you can find a lawyer to take your case; many can no longer afford to do so because tort reform has reduced your odds of winning. And should you by some slim chance win and the defendant appeals, your odds of ultimately prevailing on appeal are 12 percent as of 2004—the paltry rate at which the Texas Supreme Court, which has also been subject to the influence of the tort reformers, has found for the plaintiff in cases involving harm to persons or property, according to Court Watch, an Austin-based public-interests organization.
Here is what can happen to you in Texas today, thanks to tort reformers and the Legislature: If you go to an emergency room with a heart attack and the ER doctor misreads your EKG, you must prove, in order to prevail in a lawsuit, that he was both “wantonly and willfully negligent.” If you took a drug that was later recalled after studies proved it could cause fatal complications, the manufacturer can escape liability for your serious injury or death if the instructions inside the package were approved by the FDA when you took the medicine. If your child is blinded at birth because of medical malpractice, there is a good chance that her only remedy is to receive a few hundred dollars a month for the rest of her life. If a driver hits your old Ford Pinto from behind and burns you beyond recognition, Ford will almost certainly be able to shift the blame from its defective product to the driver of the other car. If you live in an apartment complex that lays off security guards and fails to maintain its locks and you are raped as a result, the apartment owner can still avoid liability. All of the above presumes that you can find a lawyer to take your case; many can no longer afford to do so because tort reform has reduced your odds of winning. And should you by some slim chance win and the defendant appeals, your odds of ultimately prevailing on appeal are 12 percent as of 2004—the paltry rate at which the Texas Supreme Court, which has also been subject to the influence of the tort reformers, has found for the plaintiff in cases involving harm to persons or property, according to Court Watch, an Austin-based public-interests organization.
2 Comments:
Looking for information and found it at this great site... Mazda 3 models cost of wedding invitations for 100 people Cardura blood pressure http://www.zyrtec-and-pregnancy.info/Online-degree-nursing-hawaii.html Decks patios driveways nogales arizona 2001 kia sportage ex picture affordable health insurance plan 20 Jeep liberty 2002 reviews 9diet pill for fast weight loss childrens tennis racket Brenham web site marketing 2004 kia topamax backaches skimpy blouse Kitchen hanging light fixtures Waterbed drachten Yu yu hakusho - hentai Undelete emails sealy royal mattress topper
Where did you find it? Interesting read Consolidation debts us Replacement dscanter for hamilton beach coffe maker Suzuki & co japan Booster chair Mega millions 2fgeorgia Plotters product introduction hd tv Average replacement cost fuel injector nissan maxima bdsm movie pop up blocker Quality prada replica handbag Financial advisor in inverness digital camera http://www.rosacea-product.info
Post a Comment
<< Home