Our blog yesterday discussed the truth surrounding the McDonalds hot coffee case, which became the illustrative case for tort reform advocates. In their efforts to cut down on frivolous lawsuits, proponents of tort reform often cite reasons for tort reform legislation. However, they overlook some of the crucial facts behind their allegations.
Tort reformers say that the number of lawsuits is skyrocketing in the wake of the McDonalds hot coffee case, in part because plaintiffs want the big payday of a jury award. The judge reduced the $2.7 million awarded to Stella Liebeck, and McDonalds settled for significantly less. In addition, data from the National Center for State Courts shows that the number of personal injury cases has been on the decline for years. In 2008, tort cases accounted for just 4.4 percent of all civil cases files in 2008.
Tort reform advocates also say that medical malpractice lawsuitsincrease health care costs. This is simply not true. Figures from the Congressional Budget Office indicate that medical malpractice lawsuits accounted for less than 2 percent of overall health care spending. In fact, the number of doctors is on the rise by over 40 percent since 1990, according to the American Medical Association.
Insurance companies, small businesses and large corporations have spent millions of dollars in their attempts to make litigation seem evil. A closer examination of the facts shows that what they are saying is not true. Check back tomorrow for more truths behind tort reform myths.
Harrell & Nowak, L.L.C. – New Orleans medical malpractice lawyers