Word: tort
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...uncovered. Because of its complexity, "no other product could potentially be so flawed," says Jerry Ungerman, president of Silicon Valley's Check Point Software. No consumer movement has sprung up demanding a Windows recall just yet, but a car with this many problems would be a tort lawyer's joyride...
JOHN EDWARDS Apple Tort Delicious apple chunks cut into tiny pieces to avoid liability. It's class action...
...disgust that most physicians feel for the medical-malpractice tort system has to do with more than money [BUSINESS, June 9]. When a doctor is forced to regard every patient as a potential courtroom adversary as well as a human being in need, the mutual trust inherent in the physician-patient relationship is severely damaged. Working 10-to-12-hour days (plus nights and weekends on call) and constantly making life-and-death decisions are stressful enough without having to worry about lawsuits. It is easy to understand why many of my colleagues have thrown in the towel. The next...
...everyone accepts that link. "In theory, tort reform would have an impact on premiums. In reality, that has not been the case," says Martin Weiss, chairman of Weiss Ratings, an independent insurance-rating agency in Palm Beach Gardens, Fla. In a study published this week, Weiss Ratings found that in states without caps on noneconomic damages, median annual premiums for standard medical-malpractice coverage rose 36% between 1991 and 2002. But in states with caps, premiums rose even more--48%. In the two groups of states, median 2002 premiums were about the same. Weiss found nine states with flat...
...Both sides in the debate, horns locked, have succeeded mainly in confusing the issues. Trial lawyers talk a lot about the "right to sue" when something goes wrong. But what about the right of doctors to a system of justice that reliably distinguishes between right and wrong? Meanwhile, the tort reform pushed by doctors is like a bandage on a mortal wound. Placing limits on discretionary "noneconomic" damages may stem today's bleeding and is certainly one element of controlling costs--$1 million to a plaintiff is $1 million less to take care of the rest of us. But merely...