Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform takes away your legal rightsWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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5 Responses to Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!
  1. Sandie [MEMBER]
    January 2, 2010 | 1:33 pm

    I agree with some of your article. I still feel the need for TORT REFORM…I am tired of the lawsuits that should never be. Like the lady who dumped a cup of hot coffee from McDonalds down her crotch while driving. Lawsuits that should “never” be cost the rest of us. Anyway…Happy New Year Norm… I respectfully disagree with most of your commentary!!!

  2. Sandie [MEMBER]
    January 7, 2010 | 4:19 am

    Norm I do not mean on medical malpractice. There should be no cap if some dumb doctor cuts off the wrong leg!! I mean tort reform like being able to buy insurance across state lines. If a doctor does something stupid he should pay whatever is deemed right. There is more to tort reform than medical malpractice. I am not for protecting big insurance or big business!!! I am for roping in the big insurance that rips all of us off!!!

  3. Anonymous
    January 8, 2010 | 4:26 am

    I completely agree with Sandie. The reform may do good, but it should be done by the right people in order not to be turned into another governmental scam.

  4. steve riddle
    June 26, 2010 | 3:28 pm

    i agree with you 100% greg. but as you know most people are sheeple and will do what they are told. and as far as the McDonalds coffee lawsuit , they knew their coffee was to hot but refused to do anything about it because the polls showed customers wanted their coffee hot. McDonalds paid more in legal fees than the victem won . but they reduced the temp. on the coffee. so they was able to make a case on tort reform and make the victm the asshole. keep up the fight brother

  5. Norman Gregory Fernandez
    January 2, 2010 | 2:44 pm

    A lot of people disagree until they themselves are the victims. I do medical malpractice cases where doctors and health care providers have made horrible mistakes. They are only on the hook for $250k in California.

    The victims cannot get compensated for their loss, there is no incentive for the doctors to get their shit together.

    Anytime a class of persons or entities are protected from the harm that they cause at the peril of the rest of us, is against our individual best interest.

    Sandie I hope you are never a victim in a circumstance where tort reform prevents you from getting a recovery.

    In the McDonald’s case, the women suffered 3rd degree burns on her genital area. Yes she should not have put the cup there, but the water should not have been hot enough to cause 3rd degree burns.

    There is something called comparative negligence, whereby a defendant can claim that the plaintiff themselves were negligent and caused the injury.

    Our laws already cover non meritorious lawsuits. We do not need to protect big insurance and big business any further.

    Have a happy new year,

    Norm

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