Personal Injury Law

TORT REFORM: It might cost you or someone you love, an ARM or a LEG

By Barbara Tubridy Lombardi

Most of the general population does not truly understand what Tort Reform means or how it might impact their lives. The 'reformists' will lead you to believe that 'these frivolous lawsuits' and the attorneys who file them are the problem and we need to STOP THEM before they bankrupt this country and continue to clog our court system. They further argue that these cases are the source of the high cost of medical malpractice insurance, not the attorneys or the law suits they file.

On Sunday, September 20, 2009, on 60 Minutes there was a segment on a new bionic arm, the DEKA arm, a $100 million Pentagon program called 'Revolutionizing Prosthetics'. American soldiers who lost limbs in various wars were highlighted as they tried out the new prosthetics. The DEKA arm is a huge improvement over what was previously available that was developed during World War II. "Nobody ever wants to put a price tag on making a soldier or a Marine whole again. But, you're talking about $100 million," Scott Pelley, 60 Minutes correspondent remarked. "It's a big number."

"It's a huge number. But it does a number of things. Number one is, of course, it fulfills our commitment to these fine your men and women who the issue of money compared to what they have done for the service of the nation becomes immaterial," Dr. Geoffrey Ling replied. Dr. Ling is an Army colonel and neurologist who is leading the Revolutionizing Prosthetics program.

Yes, $100 million is a big number. But what if Tort Reform limited the settlement of an auto accident that would not allow you or a family member to replace an arm or a leg lost to an injury in an automobile accident?

Colonel Ling said during the interview, 'We have a saying in the military, ‘Leave no one behind'. And we are very serious about that. And that doesn't mean just on the battlefield, but also back at home'.

Tort Reform would leave all those who are in the most desperate of circumstances behind. Behind on the battlefield of life. Most times through no fault of your own, you might lose a limb, your sight, your life, or your ability to work. Tort Reform would limit how much you would be able to recover without regard to your family, the circumstances of your life, or those who were faced with the task of caring for you for the rest of your life.

There is no argument that these young men and women who have returned from Iraq and Afghanistan and who are missing limbs deserve to be made whole again.

Don't all Americans deserve that same consideration?

Full post as published by Des Moines Personal Injury Lawyer on September 22, 2009 (boomark / email).