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Tort Reform

Lawyers are an easy target. The only profession more despised than trial lawyers might be used car salesmen. This is why the GOP is making such a big deal about how trial lawyers (like John Edwards) are bad for America and is hammering away at tort reform as an issue to rally around. I've talked this over with my lawyer...I mean, my wife, and she's convinced me that some measure of tort reform would be a good thing. But that just it, some measure of reform would be good, but it's a very delicate balance.

Tort reform would be bad when limits on product liability lawsuits would allow manufacturers to ratchet down quality controls. For example, the FDA has recently released guidelines about labeling for the most common allergens in food products. Many food manufacturers currently process different foods with the same equipment, introducing the possibility of allergen contamination. With limited liability, that manufacturer might make the decision not to update labels or modify their processes when the potential cost of defending against lawsuits is low. This exposes their consumers to unnecessary risk and possible bodily harm or death. Statutes and regulations set the bar for manufacturing standards, tort law is one way by which these standards are enforced.

However, tort reform would be good in those fields that are inherently high-risk, such as medicine. Obstetricians are facing an ever-increasing number of lawsuits and increased malpractice insurance premiums as parents focus the blame on doctors for complications that arise during birth. The result is that fewer doctors are willing to practice obstetrics to begin with, and doctors who do practice prefer to deliver through cesarean section whenever possible. The result is more painful and expensive for the mother (and insurance companies), but has been interpreted in the courts as less risky for the child.

On the campaign trail, Republicans will attack trial lawyers (always a good strategy) while Democrats will portray themselves as defenders of victims' rights. On this issue, you're not going to see any shades of gray from either candidate as they continue to paint their issues in black and white.