by Michael Mcculley

Created on: June 26, 2009

This article discusses tort reform in the United States in the context of medical malpractice law. "Tort reform" (sometimes called "civil justice reform") is a political buzzword that describes ongoing efforts throughout the country to revise the laws governing civil lawsuits. In the past ten years, the tort reform movement has enjoyed considerable success in the field of medical malpractice, and the key conflict in this field has been that of "noneconomic damages."

(1) What Is Tort Law?

The American legal system is divided into two broad fields: criminal law and civil law. All three layers of American government (federal, state, and local) have their own distinct bodies of criminal and civil law. Criminal law defines the minimum standards of acceptable behavior for each person present within (or otherwise subject to) the jurisdiction of a particular government. Persons who fail to adhere to these standards are subject to criminal charges and punishment including fines, imprisonment, or (in some circumstances) death.

Civil law, by contrast, describes the circumstances under which one person within (or otherwise subject to) a jurisdiction is obligated to compensate another person for inflicting injury or property damage upon him or her, whether intentionally or accidentally. With the exception of "punitive damages" (which are only at issue in a small minority of cases), the goals of civil law are compensation and the avoidance of further harm, rather than punishment of the defendant. A person found liable in a civil proceeding might be ordered to pay a certain amount of money in "damages" and/ or to refrain from engaging in some undesirable act.

"Tort law" is a historical term borrowed from the common law of England. "Torts" are specific types of allegations that an injured party might bring against one or more other parties that are alleged to be responsible for the injury. Example torts include "negligence," "assault," "battery," "trespass," "conversion," "slander," "libel," and "invasion of privacy."

(2) What Is Medical Malpractice?

Medical malpractice is a type of negligence claim. Every doctor has a legal obligation to provide his or her patients with at least a minimal level of care (as defined by the general opinion of the physicians in the community). Other licensed professionals, such as lawyers and certified public accountants, have the same obligation. When a professional fails in this duty, he or she is obligated to compensate the victim

• 1
• 2
• 3
• Next Page >>