In the 1970s,
When all was said and done, the reforms only limited the victims right’s while providing the doctors with reduced malpractice insurance rates and the insurance companies with limited exposure.
On Balance, Tort Reform Has Hurt
Since the passage of Civil Code 3333. 2, there has been no increase in the allowable limit for pain and suffering. This means that, due to inflation, a victim’s recovery today is worth less than a victim’s recovery in the 1970s. At the same time, the insurance rates have increased and the medical insurance companies have reaped the profits.
So when the talk is about tort reform, what that really means is limiting victims’ rights. The insurance companies push legislation that restricts a victim’s ability to engage a qualified attorney or recover for legitimate injuries and losses. The insurance companies have no limitations to fight legitimate claims.
Proper tort reform requires a balance of rights and responsibilities.