The battleground of Republican tort reform arguments lies with medical malpractice claims. Often, tort reform proponents argue that tort reform in the form of capping damages, limiting attorneys' fees, and prohibiting punitive damages. The thought is that such measures will reduce medical costs by eliminating "frivolous lawsuits".
But are "frivolous lawsuits" increasing medical costs? Or are they increased by frivolous defenses by dangerous or incompetent doctors?
Virginia medical malpractice lawyer Ben Glass has a post about a
Fredericksburg, VA orthopedist who is asserting a variety of outrageous defenses after he admitted that he performed surgery on the wrong side of his patient's body. Reading over the list of egregious mistakes made by this surgeon, as told by Mr. Glass, is amazing. How could this doctor defend his actions?