Between 1996 and 2005, more than 135 million civil lawsuits were filed in the United States. Of these cases, roughly 15 percent--more than 20 million cases--involved tort lawsuits. Many critics have called for tort law reform in the United States, arguing that the current system costs the average taxpayer more than $800 per year (Pacific Research Institute (PRI), 2010).
Medical Malpractice Criticism Some of the most fierce criticism of the US tort system comes from the medical community, including physicians, hospitals and malpractice insurance companies. These parties say: • Transaction costs are too high in tort cases • Damages for pain and suffering and punitive damages are arbitrary • More deserving plaintiffs often see less compensation than those who use the media to gain attention • Non-economic damage awards (for intangible harms like emotional distress) are frequently excessive. Excessive Litigation Criticism Almost 8,000 new tort lawsuit cases are brought before civil courts each day (PRI, 2010). Critics assert that the current US legal system isn't capable of adequately dealing with this volume of lawsuits. Many of these tort cases are referred to as frivolous lawsuits by critics, court cases that have little or no chance of being won. Detractors of the system say these lawsuits bog down the legal system with extensive motions and appeals, and take time and resources away from more essential cases. The US tort system is more expensive than in any other country. Tort costs a little over two percent of the entire US GDP (PRI, 2010). This creates a huge economic drain on both the US legal system and you as a taxpayer. Critics claim tort reform will help free up resources and improve job creation, average wages and standards of living in the United States. Tort Law Reform in the United States All 50 states have enacted a statute of limitations on medical malpractice tort lawsuit cases. For example, if you live in Washington, you can only file a lawsuit: • No more than eight years after the act • One year after the discovery of the malpractice • Up to three years from the act or omission that caused you injury. Further tort reforms have been enacted in numerous US states, such as limiting the percentage of damage awards attorneys are allowed to charge and establishing maximums on non-economic awards. If you think you may have a case for medical malpractice, you should first learn the different medical malpractice tort laws in your state.