The recent trend shows that not as many lawsuits for medical malpractice are seeing success through settlements or the court system. This is not all bad news however as on the whole, those who succeed are getting larger awards than they were in the past. The reason behind the changes is likely tort reform, which focus on reducing frivolous lawsuits and getting proper awards for people who truly have been injured.
Why Tort Reform Affects Medical Claims
There are two ways in which tort reform could impact medical malpractice lawsuits. The first is that, in some states, panels were created to screen claims and remove those that are deemed more frivolous. Second, laws are now in place that limit the damages that can be recovered for some claims.
When those two things are combined, it makes sense that less valid claims would be weeded out and payouts for claims that go through the court process would be higher than in the past.
What Should an Injured Party Do?
Speaking with a lawyer about your case is still one of the most important things you can do. While not all cases will qualify under the tort reform changes, many cases are still serious enough to pursue. The only way to be sure is to consult with a qualified legal professional, who can help you determine what to do next. Having someone on your side, if your case moves forward, is very important, so you can get the best possible financial resolution for your injuries.
