North Carolina legislators are trying to pass a tort reform bill that would make it very difficult for the average person to sue for malpractice and gain anything.
Here’s why: The cap on a human life would be $500,000. I know that sounds like a lot, but in terms of legal fees and whatnot, it’s really very small. The big insurance companies who represent doctors and hospitals have millions to spend on delaying the lawsuit until your lawyer and you have nothing left, so most lawyers won’t take the case.
I know this to be true because when my son, Mike, died, attorneys in Georgia, where they already have tort “reform,” told me I had plenty of grounds for a lawsuit, but I’d be very lucky to find an attorney to take the case. Even if one would, neither of us would get anything after the hospitals’ and doctors’ insurance company attorneys were done with us.
Fortunately, Mike had asked me not to sue anyone and I agreed. I did ask the hospital for an apology for the way he was treated, but the medical ethics person told me I was asking for too much. It brought to mind the old Bea Arthur character, Maude, who used to say, “God’ll get you for that.” I had to walk away and do something positive.
The multi-million-dollar settlements some people get are rare — that’s why they make the news — and most of those outrageous settlements are reduced on appeal. You don’t hear so much about that, though.
Mostly, tort “reform” is about taking away the ability of people to get any compensation when they have been wronged. It protects the health care industry from any consequences of their action (or inaction).
Most doctors and medical societies do want to see tort reform, but most don’t want to take it as far as the NC legislature does.
We the people are being attacked on all sides right now. Every day brings another assault on our rights, on our income, on our protections. I, for one, do not plan to give up, but it’s an uphill battle against these thugs.


