Why do conservative politicians and lawmakers continue to bark about the need for medical tort reform? Why does ALEC and other corporate lobbying groups want so badly to limit the rights of those most seriously injured because of medical errors? After all, every legitimate study shows that the “cost” of medical liability payments to those who are the victims of medical malpractice represents but a nanoparticle out of total annual health care costs.
When the administrative office of Pennsylvania’s court system issues data on the numbers of case filings, the number of medical malpractice cases is consistently down from its high points. Data on the results of jury verdicts, even in the “judicial hellhole” that is Philadelphia (as characterized by tort-reform proponents), show a overwhelming advantage for the defendant doctor or hospital.
Even prominent tort reform advocates admit, when pressed, that our legal system is not being inundated with frivolous medical malpractice claims. Victor Schwartz, the general of the American Tort Reform Association, one of the most influential voices for curbing the rights of victims of tort reform, has conceded: “It is ‘rare or unusal’ for a plaintiff lawyer to bring a frivolous malpractice suit because they are too expensive to bring.”
Why do Republicans continue to press this issue then? The answer, plain and simple, is money. Any rule or restriction that limits recovery for those injured by medical mistakes – such as a cap on the amount of monetary damages a plaintiff may recover in a civil lawsuit – means more money in the hands of medical malpractice insurance companies.
Alec Baldwin is a star of the large and small screens. He is good and funny. ALEC, on the other hand, is no laughing matter. And there is nothing good about ALEC, unless you’re one of the big companies that funds its work and benefits from its efforts to curtail individual rights.
Most of us knew nothing about ALEC – the American Legislative Exchange Council – until the Trayvon Martin controversy. ALEC led the way in Florida (and other states) lobbying for passing a Stand Your Ground law, which is now the basis for George Zimmerman’s defense against charges he shot shot dead an unarmed teenager.
If you don’t know much about ALEC, you should and a good place to start is a new report, issued earlier this month by the group Take Back Our Courts, a project of the Pennsylvania-based Keystone Progress. The report, “Justice Denied in Pennsylvania,” examines ALEC’s background and its agenda as well as its influence on Pennsylvania legislators. http://takingbackourcourts.org/justice-denied-in-pennsylvania/