A Sick Tort System Endangers U.S. Health Care


 

Publication Date: May 1986

Publisher: Heritage Foundation (Washington, D.C.)

Author(s): Peter J. Ferrara

Research Area: Law and ethics

Keywords: Legal issues

Type: Report

Abstract:

Many states already have begun adopting reforms to address the medical malpractice crisis. The states should reject fingerpointing at insurance companies and doctors; so far they have. Instead, reforms need to be addressed to the real problem--the departure from a fault-based standard of liability, leading to runaway, unjustified awards for pain and suffering. The medical malpractice crisis is an example of what can happen when judges ignore one of the basic principles of law--only those at fault are liable for damages.