Charter

M) Legal/Tort Reform

While wasteful and frivolous lawsuits are a legitimate concern because of the potential to subtract resources that could be directed toward more useful purposes, tort reform, as currently pursued, is a corporatist attempt to take fundamental freedoms from individuals and put them in the hands of government and special interests. The right to a trial by jury is an inviolate right of American citizens. Mandatory arbitration and damage caps subvert the oversight of judges and juries who are directly hearing the facts and arguments of a case; instead, the decisions are made by politicians and special interest lobbies. As a result, such reforms are not only unethical; they are also a violation of separation of powers as articulated by the Constitution.

Further, tort reforms in states have failed to produce any significant benefit for consumers as promised by those pushing the reforms. The myths created by tort reform advocates do a grave disservice to many injured and traumatized individuals. Researchers estimate that despite all the talk of frivolous lawsuits, less than three percent of injuries caused by medical malpractice lead to a court case.


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