What are the track records of tort reform and deregulation?
Q. I have heard proposals stating that health care reform should include tort reform and deregulation. Over the past 9 years there has already been tort reform for businesses, deregulation for businesses has well as changing the bankruptcy laws. What have any of these done? Costs still continue to go up. Wages still continue to go down. And lender interest rates are higher than ever. What evidence that any of these reforms have ever been directly passed onto the consumer and not to company executives or shareholders? Remember in capitalism the role of business is not to create profit, but to maximize it.
Asked by Matthew D - Mon Aug 17 10:21:40 2009 - - 1 Answers - 0 Comments

A. If you are really interested in why tort reform is needed and what can happen when it is successfully applied read the article below. Texas passed tort reform with very successful results.
Answered by Bryan - Mon Aug 17 10:32:26 2009

What would the best major be to become a tort law attorney?
Q. I want to work in a big firm doing tort law or litigation. I was wondering what the best education before law school would be. Any college, majors, minors, or any other suggestions would be really helpful. I need to know specifically what to take while in college.
Asked by Durf - Tue Nov 21 10:39:00 2006 - - 5 Answers - 0 Comments

A. I am pre-law as well and I am majoring in English, with a minor in History (because that interests me). I plan on becoming a probate attorney and I know that a political science, although popular for pre-law students, is not really looked upon as a wonderful choice. English is a great major to have in my eyes due to the simple fact that you are doing a massive amount of reading, writing and analyzing; all of which you are going to have an abundance of in law school. At this point, there is no real needed emphasis on becoming the type of attorney that you want to be. That will come when you are in law school. Yes, you will have required courses, but you will still have a certain level of "electives" where you can take classes that have… [cont.]
Answered by Angel - Tue Nov 21 12:11:11 2006

What are the reasons for permitting the wrongdoer to be sued in a civil court for the tort?
Q. tort...while at the same time subjecting the wrongdoer to prosecution in a criminal court for the crime?
Asked by MC - Sun Mar 15 23:01:51 2009 - - 3 Answers - 0 Comments

A. Criminal courts punish the wrongdoer for his actions. Civil courts restores the victim (fiancially) back to where he was before the crime was committed.
Answered by infiniti - Sun Mar 15 23:14:20 2009

Why do we need Tort Law? What purposes does it serve, and could those purposes be equally or better served in?
Q. Why do we need Tort Law? What purposes does it serve, and could those purposes be equally or better served in other ways? Please, any ideas would be great!
Asked by purple munchkin - Sat Oct 24 09:49:35 2009 - - 2 Answers - 0 Comments

A. Tort law is simply civil law as opposed to criminal law which is always enforced by a government entity. Without tort law there would be no system for redress of wrongs committed by one person against another or others which fell outside the realm of criminal sanctions specified by code or statutes. Tort law in our system has evolved from the old English common law system carried to our country by settlers originating from England. Court of Equity and arbitration are two forms of potential resolution of torts committed against a party or parties that are separate from the actual filing and prosecution of a lawsuit due to actions of alleged tortfeasors. Classic examples of instances handled under tort law would be automobile accidents or a… [cont.]
Answered by sparky2gig - Sat Oct 24 10:16:04 2009

Why does the GOP keep insisting on tax breaks and tort reform?
Q. Tax breaks do absolutely nothing to grow an economy. Show me any proof that it does. If you say Reagans's tax cuts are proof, forget it. Reagan grew the economy the same way you criticize Obama--thru writing rubber checks and ballooning the deficit. If people want to make money, nothing is going to stop them--even taxes. Another thing--tort reform. Drop in the ocean of health care costs. What if your mother was screwed up because of a doctor's negligence. Would you want tort reform then?
Asked by Change Now - Sun Dec 6 17:21:26 2009 - - 11 Answers - 0 Comments

A. They are stuck in their ideological rut and have no ideas of consequence as to how to address our major problems. We saw how well the Bush tax cuts, mostly for the wealthy, worked. The middle class lost ground, we incurred record deficits and the economy eventually tanked. The CBO has found that in the states where tort reform has been instituted, health care costs have not been reduced. Tort reform limits the damages of victims. The GOP apparently always tries to find ways to make the lives of people at the low end of the totem pole just a little worse -- in this case the victims.
Answered by tribeca_belle - Sun Dec 6 17:31:47 2009

Do you think tort reform would improve upon or hinder the US healthcare system?
Q. Just interested because it seems like a lot of people who are not in favor of nationalized health care seem to present tort reform as an alternative, with the argument that it will lower health care costs. Do you think this is true? Why/ why not?
Asked by Suck my knob, police-woman! - Wed Sep 16 14:12:32 2009 - - 9 Answers - 0 Comments

A. I think it is just a pacifier to the right. Any numbers that I've ever heard say at best health insurance bills would be reduced 1-2% to the consumer, and you would have severe caps on malpractice suits. Usually the biggest winner is the insurance companies. They pay out far less, and barely reduce rates.
Answered by Walleye1 - Wed Sep 16 14:19:05 2009

Do you think it is smart to have limited tort and auto insurance it saves $500 a year.?
Q. I can save $500 dollars on my insurance if i limited my tort. I can still sue for major injury and for DUI if a driver hits me but i am limited in other ways. Good idea or bad?
Asked by dude 42 - Fri Oct 12 13:08:45 2007 - - 3 Answers - 0 Comments

A. Bad Idea, you never know what can happen, insurance will find any reason to wash their hands..don't give them any more.
Answered by Hotmami619 - Fri Oct 12 13:30:08 2007

Should the government reform tort law regarding medical liability making the laws tougher or weaker?
Q. Should there be tort reform, and should it make it harder to hold the physician responsible for his/her poor care. Should there be caps on reimbursement for pain and suffering, or should laws be made stricter, with increasing the possability of real criminal repercussions for doctors' mal practice cases, which today are simply painted over with green.
Asked by Dirty Nasty - Thu Sep 10 05:06:32 2009 - - 3 Answers - 0 Comments

A. I've been thinking recently that an arbitration proceeding may make the most sense. It could be run by the AMA. Possibly you could have a 3 arbitrator panel consisting of a doctor, a lawyer, and a member of an organization representing patients. Hospitals and doctors could right now, with no change in the law at all, institute that policy for everything except emergency care, since arbitration agreements are binding. To institute that for emergency care would require a change in the law though. This would not restrict the ability of people who have been harmed to collect an appropriate amount, but it would cut the costs associated with finding whether or not there has been malpractice and allow people to make such findings who are better… [cont.]
Answered by Joe Finkle - Fri Sep 11 06:16:39 2009

Are the people pushing for tort reform the same people who prefer private insurance because you can sue?
Q. I have seen answers here stating that you could sue private insurance companies but would not be able to sue if something went wrong under a public option. Do the people who think that also want tort reform?
Asked by Pascha - Mon Sep 7 08:59:21 2009 - - 10 Answers - 0 Comments

A. Funny isn't it. And...the insurance companies are trying to protect their business, who do you think sells malpractice insurance to doctors, settles out claims without even letting the doctor know about it, then after settling and settling they...raise the premiums on the doctors. Insurers are totally in a win win situation unless we control the heck out of them. Plus the idea that most members of the legislature are lawyers; and lawyers love the tort system; so how likely are we to get rid of it really?
Answered by ash - Mon Sep 7 09:09:02 2009

How does the state and fedral tort claim act apply to local justice and security agencies?
Q. Louisiana is the state and I am asking how does the atate and federaal tort act applies to local justice and security agencies.
Asked by robinwilliams_47 - Sat Jul 28 21:03:55 2007 - - 1 Answers - 2 Comments

A. Local agencies must conform to State law.
Answered by wuxxler - Sun Jul 29 18:59:35 2007

What are the pros and cons of tort reform to you?
Q. The term tort reform is used by its advocates to describe a change in the United States civil justice system that they believe will improve its efficiency or reduce litigation's adverse effects on the economy.
Asked by goldy - Thu Oct 12 23:05:20 2006 - - 2 Answers - 3 Comments

A. I am on the fence. On the one hand, tort reform would prevent people from recieving obscene amounts of punitive damages when they win a civil suit, however, some companies are just plain corrupt and need to be taken down with as much money in punitive and actual damages as possible. I recognize that we need a viable plan when discussing changing tort reform law, but to what extent?
Answered by ShanniC - Thu Oct 12 23:15:19 2006

Why is it, tort reform in health care is not important, but insurance cpmpany reform is ?
Q. . You hear activist say, tort reform is not important, because its only 2% of health care spending. But then they complain about Health Insurance company profits And they are only 0.46% of health care cost.
Asked by jeeper_peeper321 - Sun Aug 30 14:21:03 2009 - - 11 Answers - 0 Comments

A. The politicians are scared to death of the lawyers lobby and being many of them are lawyers there will be no tort reform.God forbid they do whats right for the people and the country.Remember this on election day.
Answered by raypay2003 - Sun Aug 30 14:27:30 2009

Tort Reform. How would you reform the tort laws in a way that would reduce the fear providers?
Q. have of being sued and that forces them to practice defensive medicine with the concomitant increase in the cost of care. At the same time, protecting the patient from malpractice and their right to sue when they are harmed.
Asked by johnfarber2000 - Tue Sep 22 12:27:24 2009 - - 9 Answers - 0 Comments

A. I wouldn't. Any doctor who is violating ethics by prescribing unnecessary tests or treatments should be disciplined and lose their licenses.
Answered by guru - Tue Sep 22 12:31:29 2009

Can the Veterans Administration deny you to see an outside doctor (they pay) if you have a Tort Claim pending?
Q. I filed a Tort Claim against Orthopedics and Infectious Disease because they left an infected washer in my knee during surgery. The VA says since services ARE available at my local VA, they will not grant me Fee Based Services (where they pay for you to see an outside doctor). I feel it is beyond reason to ask me to see the very doctors that I have pending litigation against. I need statutes and professional advise.
Asked by James M - Fri Sep 28 17:21:57 2007 - - 1 Answers - 0 Comments

A. No they can't. I'm curious what VA Hospital is doing this to you? I would contact your nearest Veterans Affairs office and if that went nowhere fast, I'd email or call my Congressperson's office. If you call your member of Congress, this will be fixed so fast your head will spin.
Answered by BeachBum - Tue Oct 2 12:58:19 2007

The President in his new conference speaks about duplicated tests by doctors, why isn't he talking about TORT?
Q. Reform? That's why doctors each get their own tests, they want to have their own paperwork and not someone else's mistake. There is the fear that they will be sued using someunsupportedd test results. Shouldn't he be talking about TORT Reform?
Asked by Banker - Wed Jul 22 20:34:02 2009 - - 4 Answers - 0 Comments

A. Tort reform is the larger part of the answer. I was in healthcare a long time and hospitals and doctors are sued by scum and it is settled out of court because it is cheaper than going to court and fighting it and for the doctor to take off from treating the patient. This is also a reason for the unnecessary tests, a lawyer will come along and second guess a physician and with his hind sight say , "doctor would it have been standard to have done test xyz" the doctor is nailed even if it was not standard. tort reform.
Answered by WHITE HOUSE WATCHING - Wed Jul 22 21:05:46 2009

How might I file an action for the tort of negligent supervision?
Q. Do I need to contact a lawyer to do this or can I walk into a courthouse and do this on my own? Do I go to a civil court? Any and all suggestions is needed.
Asked by Creolepatra - Tue Aug 12 19:29:30 2008 - - 4 Answers - 0 Comments

A. Hello, In most states if you are looking for damages under a certain amount (in New York $5,000), you can file in Small Claims Court. The fee is usually nominal (i.e. $10-15 in New York State, depending on the amount). If filing in Small Claims court, the court clerk can provide you the needed paperwork and instructions. If you are filing against a business or for an amount greater than that allowable in Small Claims you will have to file in your county Supreme or Superior Court. The fee for this is generally higher, (in New York, you pay an 'Index Fee' of $210). In general you will need to draft a 'Summons' and 'Complaint'. The 'Summons' demands the Defendant to answer your 'Complaint' which is served in tandem. The Complaint specifies… [cont.]
Answered by Nick H - Tue Aug 12 19:56:46 2008

Why some accident victims obtain nothing from the tort system?
Q. What percentage of accident victims receive compensation from the tort sytem? What reasons are there as to why other accident victims obtain nothing from the tort system? Im studying law and am trying to get my head around bits of it
Asked by coco - Mon Oct 12 13:21:19 2009 - - 2 Answers - 0 Comments

A. A percentage is probably not truly known or would it be accurate. Each case has its own circumstances and facts. It will also depend on where the accident took place, who was involved, parties at fault, etc. Great site for contacting a lawyer that I have used in the past is www.Attorney4Hire.com Tried other sites in the past, but this one only asks for your zip code instead of a bunch of personal information.
Answered by GR8GLFR - Mon Oct 12 13:47:09 2009

What do liberals have against tort reform that would cut down on frivolous lawsuits and ridiculous awards?
Q. You do remember what happened to that dry cleaning business that got sued for $65 million over a pair of pants, right?
Asked by Rocky - Tue Feb 23 09:27:03 2010 - - 9 Answers - 0 Comments

A. I don't think it is the liberals that have a problem with tort reform. Perhaps if people would direct their anger at the proper targets - more could get done. Instead they are easily distracted and spend their time railing against groups that aren't the root of the problem. I think the problem is LAWYERS - in congress, that are holding this up. Most average people, even liberals, think tort reform is a good idea.
Answered by Blue Haired Old Lady - Tue Feb 23 09:32:03 2010

What is it with conservatives and tort reform?
Q. Do they really believe that will solve our problems? And teabaggers, no link spam talking about interstate competition and the rest of the talking points. I've heard them already.
Asked by Kary L - Sun Oct 11 11:46:47 2009 - - 10 Answers - 0 Comments

A. Republicans don't think ANYBODY should be held responsible for their actions (unless it benefits them). If you lose a leg to a surgical error, you shouldn't be able to sue for what compensation you may need. That doesn't include "frivelous" lawsuites either for all you NeoCons.
Answered by LeftOfCenter44 - Sun Oct 11 14:03:21 2009

Why is the intentional tort a civil matter and not a criminal one?
Q. From Wikipedia: An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence tort, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed. Common law intentional torts include: * Assault * Battery * Slander and libel * False imprisonment * Intentional infliction of emotional distress
Asked by kfount400 - Wed Sep 17 08:59:16 2008 - - 2 Answers - 0 Comments

A. All torts are civil matters by definition; that's what tort means. Remember that just because there's a civil law about something, doesn't mean that there isn't also a criminal law about the same thing. Just like if my neighbour assaults me, he might go to jail under criminal law, but I might also sue him under civil law. As far as international law goes, well, there's no international criminal court available to take on cases like simple assault, etc. The International Criminal Court isn't for that kind of thing.
Answered by sdfh s - Wed Sep 17 09:18:02 2008

From Yahoo Answer Search: 'Tort'
Sun Mar 7 04:38:50 2010 [ refresh local cache ]

Here a to-do list, legislators, leaders - Chicago Daily Herald
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Here a to-do list, legislators, leaders

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Solve the big insurance health care and tort problems. Most of the European countries seem to be way ahead of us. We need action now. Stop the wars. ...
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Cei care au trecut duminic prin centrul Kievului au avut ocazia s admire i mai ales s guste dintr un tort uria Tortul a fost preparat copt i decorat de

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 Tort Reform Properlty Remains Out of Health Care Legislation ...
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Wed, 24 Feb 2010 14:50:36 GM

Tort. reform hopefully will remain out of health care reform agenda, as it damages those injured by medical malpractice.

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