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tort reform

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Tort reform legislation across the United States has made medical malpractice lawsuits more difficult for innocent victims. If you or a loved one has been injured by medical malpractice, then it’s critical that you find an attorney who specializes in these types of cases.

Unfortunately, tort reform has prevented many injured patients from taking legal action and suing over the doctor’s negligence, leaving them to fend for themselves and live with the damages. Due to the expensive nature of these cases, along with the restrictions to the damages awarded, few law firms are willing to take on these cases.

Maria Wormington and the rest of the expert legal team at Wormington & Bollinger understands the odds our clients are up against, and we offer nationwide legal services for victims facing these issues. We will investigate your particular case, doing everything we can to ensure justice is served. Tort reform has prevented thousands from receiving the justice they deserve, thanks to caps on non-economic damages and other unfair procedural hurdles. That’s something we cannot sit back and allow. Maria Wormington relentlessly pursues peace and closure for her clients and their families.

The Damaging Effects of Tort Reform in the United States

Tort reform has made taking action against physicians and other licensed healthcare providers in the United States a challenge. As a result, victims of medical malpractice and those injured by healthcare professionals are left to pick up the costs of their injuries with no support. It is of the utmost importance you speak with an experienced US medical malpractice attorney immediately if you suspect malpractice. The sooner we can get started on your case, the better chance you have of recovery.

While tort reform has prevented many patients from seeking compensation and has, instead, protected the very doctors who harm them, we believe in the power of justice, and we will do everything we can to secure the compensation you deserve.

United States Tort Reform in the Spotlight

Many modern outlets have also shed light on tort reform across the country, from podcasts to television series and documentaries. For example, the popular Dr. Death podcast chronicles the tale of Christopher Dunstch, a charming Dallas neurosurgeon who was not all he claimed to be. In season one, host and reported Laura Bell follows the doctor’s story (dubbed Dr. Death). Dunstch was convicted of aggravated assault after 31 patients suffered significant injuries following surgery. Two patients even died under his care. He eventually received a life sentence in prison.

Tort reform plays a central role in the first season of the podcast, as many blame the system and 2003 law for not standing up for patients but instead protecting the very doctors who harmed them. In addition to the podcast, Oxygen produced License to Kill. This 2019 series also followed the former neurosurgeon’s story.

Last but not least, “To Err is Human: A Patient Safety Documentary” was released in 2018 and covered the “silent epidemic” that has led to nearly 450,000 preventable deaths. The son of patient safety advocate Dr. John M. Eisenberg directed this in-depth feature, bringing to light the disturbing trend of medical mistakes and doctor kickbacks.

What Do Tort Laws Cover?

The biggest problem with tort laws is that they often cap non-economic damages recovered against doctors and other licensed healthcare providers. The specific numbers vary by location and state. Here are some of the ways that tort reform might impact your medical malpractice claim:

  • Financial caps for individuals and total claims against hospitals and other healthcare facilities limit the amount of money that can be paid.
  • Higher procedural hurdles, which serve to increase the cost of bringing a claim.
  • The requirement of an expert report to be filed along with the claim
    • This includes a report by a physician currently practicing

Since being put into effect, the tort reform has reduced the number of medical malpractice claims filed. Furthermore, the payouts awarded for the malpractice claims pushed through are significantly less than in previous years.

After fees, expenses, and reimbursement to healthcare providers, this leaves the injured or the family of the injured or deceased with little to no compensation at all. Given the limited outcome, many attorneys choose not to accept medical malpractice cases. However, Maria Wormington distinguishes herself among her colleagues as relentlessly holding the medical community accountable for their misactions and working to bring policy change.

To learn more about tort reform, or if you have suffered an injury because of a medical professional’s negligence or misconduct, contact Wormington & Bollinger today and schedule a free consultation. Maria Wormington and the legal team at Wormington & Bollinger are fighting against the effects of tort reform. Our entire team will do everything we can to investigate your case and expose the lies associated with your malpractice claim.

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