Discussion: Tort Reform


A very contentious issue for many years has been tort reform. Before this discussion, investigate both sides of the issue. First, go to the website maintained by the American Tort Reform Association and consider their arguments for tort reform. Then, visit the website of the American Association for Justice (formerly the American Trial Lawyers’ Association) and see what arguments they have stated opposing tort reform. (You may have to search the website for various articles on the subject.) Be sure to review Chapter 5 of the textbook. You are also encouraged to find your own additional sources on this issue and to critically evaluate the arguments.

Then, we will debate the following related issues:

1.Does tort reform reduce malpractice insurance rates and bring down health care costs for consumers? Is it worthwhile?

2.Is capping damage awards fair and effective? Would the good outweigh any negative effects, such as reducing incentives to have careful risk management or disadvantaging worthy plaintiffs who have suffered large non-economic losses?

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