In 2302, once we wrap up the executive branch we head into the judiciary. One of the more consistently controversial topics over the past several years has been tort reform, which can be defined as one many efforts to change the manner in which accusations of damage (torts) are addressed in the civil courts.
A few years back, caps were placed on the amount of damages which could be awarded by a jury in medical malpractice cases.Currently, the tort reform is focusing on "loser pays," the idea that losers in civil cases should pay the court costs of the winners. Advocates argue -- again -- that this would discourage frivolous suits from being filed. Opponents argue that this would scare off most any lawsuits, even those that are worthwhile, since there is never a guarantee that one is likely to prevail in a court case.
Houston attorney Paul Simon thinks this is an effort to further strip away legal rights.
links:
- American Tort Reform Association.
- Texans for Lawsuit Reform.
- Perryman Group analysis of malpractice reform.
- Tort Reform Unlikely to Cut Health Care Costs.
- "Loser Pays" a Winner in the Texas Legislature?
- Point of Law: Loser Pays.
