tort reform

A few weeks ago, the editors of my local Austin American-Statesman admitted they were wrong.  In "Tort reform's slight impact no shock," the editors recalled their support for a 2003 proposition on the Texas ballot to put a $750,000 cap on non-economic damages in medical malpractice cases.  The measure passed by a 51 to 49 percent margin, with strong support by the Texas Medical Association. "We tepidly supported the proposition. After all, voters were being asked to limit their legal rights should they fall victim to medical error.  Still, reservations noted, we crossed our fingers in the…
A few years ago, a friend of mine gave birth to a daughter, her second child. A few weeks into the child's life, it became apparent she was suffering from cerebral palsy. Not long after, my friend, whom I'll call Carol, bumped into her ob/gyn doctor on the street and told him about her daughter's diagnosis. In a good world, the moral and legal context of such a conversation would encourage the doctor to express sympathy. But the doctor, looking stricken, and clearly terrified about being sued, immediately said, "Well I hope you don't think it was because of anything I did." Carol, who was…