II. MODERN TORT REFORM BROADLY This section attempts to answer the question, what exactly is tort reform? In addition, this section employs examples of proposed solutions and excoriated issues within the system. Extensive summation and analysis is used in this section, as a more intricate examination may be weighed down by potential politics or ornate microcosms of issues within this very field. Broadly, tort reform, by nature, attempts to restrict, widen, or reform the current abilities and damages available for plaintiffs to bring suit following tortious injury. Typically, tort reform has been seen as curtailing victim’s rights and abilities to seek relief. The proponent’s response to the restriction upon the victim is that said reform …show more content…
Those favoring restricting victim’s rights to seek compensation and potentially reducing some cost, are derided for attempting to advocate for “corporate welfare,” or against the consumer. While those seeking the status quo to remain in place are criticized for allowing medical and insurance costs to soar, while also being accused of helping alleged frivolous lawsuits continue. The term “frivolous” in “frivolous lawsuits,” generally means a suit where the claim is poorly founded or where the damages awarded greatly exceed the actual damage to the …show more content…
Often plaintiff’s attorneys can utilize media attention to further whip focus on the case. Tort reform advocates often wish to limit this pseudo-lottery and media usage significantly in an effort to implement more steadfast and uniform tort suits. Other solutions or critiques include reforming expert witnesses procedures, many experts are accused of being career witnesses or in the pockets of attorneys. Some argue distrust runs rampant in legal communities where expert witnesses are known to hold biases or favor certain parties. This concept typically is derided as a pro-defendant, pro-insurance company talking point; yet, this argument has held merit in scholarly communities and publications, particularly regarding the risks of continued sewing of distrust in scholars purporting to be experts. This section is not an absolute summation or encapsulation of all facets of the contentious debate. Rather, the goal of this discrete analysis was to better elucidate the situation and create initial links to how these challenges or potential problems, depending on how one sees the status quo, relates to elder care issues. The problems in tort reform come into play in a much bigger role later when proposals are