# Ask the lawyer about tort reform laws **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 14, 2005, 12:28am UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630 "2005-01-14T00:28:05Z")\ **Posts on this page:** 7\ **Page:** 4
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 17, 2005, 3:55pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/61 "2005-01-17T15:55:19Z")
> [@Gfactor](#): > > And capping compensatory damages for people who have been injured by doctors’ negligence (that’s right, let’s not forget that the only way the lawyer or the client sees a penny in the form of a verdict is to prove that the doctor failed to exercise ordinary care, and that the doctor’s failure to exercise ordinary care injured the plaintiff–these aren’t the frivolous lawsuits you are looking for) Forgot to complete the thought, gotta work sometimes. I meant to continue . . . seems the least efficent and least fair way to control doctors’ fees and insurance premiums. ;j ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 17, 2005, 11:44pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/62 "2005-01-17T23:44:48Z")
> [@ralph124c](#): > > I don’t buy their propaganda Do you have any evidence that what the AMA says is true? Do you have any evidence that what the insurance lobby says is true? These groups have agendas too. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 18, 2005, 1:13pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/63 "2005-01-18T13:13:37Z")
Here is a great example of a frivolous lawsuit, by the way: > **[FindLaw Legal Blogs - FindLaw](https://www.findlaw.com/legalblogs/)** > > Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. It is a great example because the trial judge found it to be, “wholly without merit, both factually and legally.” And that is the _sine qua non_ of a frivolous lawsuit. What should be done to the plaintiff and the plaintiff’s attorneys in this case? I bet the lawyers got a hefty fee for bringing it. For an example of an outrageous jury award, take a look at [_Hustler Magazine v. Falwell_](http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=485&page=46). In that case, the plaintiff got $150,000, all in non-economic and punitive damages. To top it off, the Supreme Court ultimately threw out the verdict. What if the defendant had not had the funds to take the case through two appeals? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 18, 2005, 1:47pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/64 "2005-01-18T13:47:10Z")
I’m sorry, I misread the SCOTUS opinion, the outrageous damage award was $100,000 plus $50,000 each (there were two defendants found liable), so the total award was $200,000. And here is a [link](http://alfrankenweb.com/foxcourt.html) to the transcript where the judge found the Fox lawsuit to be without merit. I’m sure **ralph124c** will note that the transcript is from Al Franken’s site. Neither Fox’s nor O’Reilly’s site has the transcript. Therefore, I encourage readers to entertain the possibility that Franken made it up. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 18, 2005, 2:24pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/65 "2005-01-18T14:24:31Z")
Here is a [link](http://www.centerjd.org/medmalindex.htm) to an anti-tort reform page with plenty of resources. And here is a link to an article indicating that AIG, a huge insurance company that offers medical malpractice coverage, reported a miniscule 2.51 Billion dollars in net income for the third quarter of 2004, which was _up_ from the same period in 2003. Man these crazy jury awards are killing them. [http://www.forbes.com/businesswire/feeds/businesswire/2004/10/21/businesswire20041021005305r1.html](http://www.forbes.com/businesswire/feeds/businesswire/2004/10/21/businesswire20041021005305r1.html) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 18, 2005, 6:33pm UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/66 "2005-01-18T18:33:53Z")
Here is a good site on the stock market performance and financial status of the insurance industry. [http://www.snl.com/insurance/vitals/default.asp](http://www.snl.com/insurance/vitals/default.asp) Overall trend: returns are on the rise, profits up. ---
**Author:** ![ReverseCowgirl](https://avatars.discourse-cdn.com/v4/letter/r/cc9497/32.png) [@ReverseCowgirl](https://boards.straightdope.com/u/ReverseCowgirl)\ **Post date:** [January 20, 2005, 1:07am UTC](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630/67 "2005-01-20T01:07:00Z")
Bumping this once. [Previous page](https://boards.straightdope.com/t/ask-the-lawyer-about-tort-reform-laws/284630.md?page=3)