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Medical Malpractice Tort Reform

What about “Tort Reform”?

There is a lot of talk in the news and social media about the problems in our legal system and how those problems negatively affect our healthcare system.  Often, the argument is that frivolous lawsuits and unlimited damages are “driving up the costs of healthcare” and “running our doctors out of our state.”  Supporters of “tort reform” often advocate for preventing such “frivolous lawsuits” and implementing “damage caps” on medical malpractice and negligence suits.

Don’t be confused by popular media and political rhetoric.

“Frivolous lawsuits” are those with no merit; for example, suing someone you know hasn’t done what you say or claiming to have an injury you never had.

When the carelessness, error, or negligence of a healthcare provider has injured you, made you sick, or worse, has caused the death of a family member, your claims are not frivolous.  

Regardless of your social values, ideological beliefs, or your political party, you are protected by the same laws that govern all citizens of this country.  Filing a legitimate claim against a negligent healthcare provider is your right as an American citizen.  It is your means for ensuring you don’t suffer more from added medical expenses.  And it is the only way to hold careless and reckless healthcare providers accountable when they fail to act with the appropriate degree of care. 

If you have been hurt by a doctor’s error or medical mistake, the law is there to protect your rights and make sure you recover for your losses and damages.  Simply, your legal rights are not political.

At NB&W, we do not get paid unless we help our clients recover.  Frivolous lawsuits waste time and money, and lawyers who file them are subject to sanctions by the court, which could include fines, reprimands, or worse.  We work to protect our clients and advocate for their legal rights; filing a “frivolous” claim not only would not serve us, but also would hurt our practice and livelihood.  If you have a legitimate injury caused by a healthcare provider’s error, carelessness, or negligence, you have rights under our laws and are entitled to legal protection.