Tort Reform or Constitutional Malpractice?

Spurious lawsuits, backlogged courtrooms and unhinged jury awards make everything more expensive than necessary by adding unquantifiable risk and windfall losses to every profession. Because current U.S. law omits crucial balancing factors like “loser pays” (the English Rule), there is little risk to filing a spurious or low-riskhigh-reward lawsuit, and there is little incentive for juries to resist delivering the largest award possible.That’s why most observers have long recognized the need for tort reform, but with a few exceptions, the trial lawyers who profit from our skewed system have been able to stave off tort reform through heavy political donations to (mostly) Democrat politicians. Some Republican-leaning states, like Texas, have enacted significant tort reform at the state level, but it’s generally been an uphill battle.Perhaps no area of the economy is more harmed by out-of-control lawsuits than the healthcare industry. Even doctors with excellent reputations pay enormous premiums for malpractice

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