Pros And Cons Of Tort Reform

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IV. CASE STUDIES AND PROPOSALS

So what possible benefits could tort reform bring? The following section attempts to examine theoretical benefits from implementation of tort reform efforts. By dissecting distinct case studies and suggestions, clarification is brought to potential aid to the broken status quo. The first to be assessed is a theoretical Federal Uniform Elder Abuse Standard, then damage cap reform, followed by reporting reform.
A. UNIFORM ELDER ABUSE STANDARD

The first case study to be examined is a Federal Uniform Elder Abuse Standard. This theoretical standard is notably advocated by Meagan Pagels in the DePaul Law Review, and would streamline varying state standards for what constitutes Elder Abuse, through an Act of …show more content…
In addition, this would clarify modern federal legislative intent in litigation of elder abuse claims, prompting rulings and awards that are more consistent. Further, common sense dictates that this would help nursing homes by clarifying what exactly constitutes elder abuse and thus allowing for proper risk mitigation schemes to be implemented by businesses, rather than obligating them to attempt to guess and work around the varied standards state-by-state as they do now. In addition, a clear definition of elder abuse would, as Ms. Pagels states, allow proper and uniform research and study into demographics and the realities of elder abuse to perhaps form steadfast numbers that varying definitions of elder abuse have prevented from being gathered. Though it may sound resigned only to elder law, this proposal essentially acts as tort reform in the elder care arena by immediately affecting plaintiff’s attorneys and litigation options while spelling out exactly where civil versus criminal standards begin and …show more content…
As far as passage goes, it appears that politics are increasingly unstable and unpredictable, with politics as usual upended. Criticism about the likelihood of passage at the state level can be waived as a result. Further, this criticism is weakened the theory of states acting as “laboratories of democracy.” Perhaps most states would oppose this theory, but surely a few states, progressive in this arena, may be inclined to enact it, and it’s results could be recorded and studied as a model for other states if successful. In addition, if companies do feel the proper route is to raise prices on the consumer, there is still recourse. In the era of animosity towards “big pharma,” politicians and advocates could handily drum up opposition to a very noticeable rate hike on a vulnerable population following the passage of cap and restriction reform. Taking the cost out on the consumer could even result in naysayers or opponents decrying the rate hike. All could culminate, feasibly, in the reversal or freezing of the rates following the theoretical
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