A tort is defined as being a civil wrong in which a person suffers or comes to harm and the offender is placed in a state of legal liability. Medical malpractices are placed in this category where a medical practitioner is accused of negligence or carelessness that results in harm coming to a patient. Tort reforms are viewed as the answer that separates valid medical malpractices lawsuits from those that are viewed as frivolous ( Hyman, & Silver, 2006). Many states in the United States require a plaintiff to provide more evidence to their claim of malpractice as a way of making their case more compelling. It requires that the plaintiff has a document from a qualified medical expert who ascertains that the healthcare provider in question caused harm to the patient. There is no uniform tort reform legislation at the federal level but the states each have a procedural system to safeguard the medical lawsuits ( Hyman, & Silver, 2006).
Tort reforms play a significant role in understanding medical malpractices. Some plaintiffs look to cash in on medical practitioners and insurance companies and some of the cases do not hold any merit. Tort reforms protect both patients and healthcare professionals ( Brennan, 2003) . The patients are protected from defensive medicine where they are subjected to numerous and unnecessary tests and procedures driving up the overall cost. The reforms also give civil courts the mandate to exercise care when handling monetary awards to plaintiffs. Tort reforms will set the stage for better judgment when it comes to dealing with medical issues each side of the reform debate claims that their side has the solutions to the healthcare delivery system. But at the end of the day, the system should be one that fairly compensates wronged patients and holds accountable healthcare providers who are incompetent and negligent in their work ( Brennan, 2003) .
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References
Hyman, D. A., & Silver, C. (2006). Medical Malpractice Litigation and Tort Reform: It's the Incentives Stupid. Vand. L. Rev. , 59 , 1085.
Brennan, T. A. (2003) The new medical malpractice crisis. The New England journal of medicine , 348 (23), 2281
