In the last month, two additional studies have come out in the medical malpractice context and find that tort reform isn’t working. In March, the Journal of Empirical Legal Studies found that there is no correlation showing that OB/GYNs relocate due to rates of malpractice insurance or tort reform measures. And this month, Urology Today featured another study that found tort reform isn’t working. That study concludes:
Although the concept and goals of malpractice caps seem desirable, there is little evidence that decreased physician premiums and improved access to care have been achieved via tort reform.
Despite the continuing studies disproving the need for tort reform or the premise that tort reform is achieving any favorable results, I’m sure that you’ll continue to hear from the insurance industry and big business that more regulation of jury trials is needed.