Tort Reform in the United States

Tort Reform in the United States A tort can be described as a civil immoral doing or an action that is not inevitably illegitimate, but one that makes another person suffer loss or mischief. In the US, any person who suffers a loss or any impairment has the right to reclaim the loss. Such a person is entitled to claim compensation for damages that he/she has incurred, usually in monetary terms. A tort claim is made against a person or people responsible for the injuries.Advertising We will write a custom research paper sample on Tort Reform in the United States specifically for you for only $16.05 $11/page Learn More Tort cases may comprise such topics as product liability, wrongful imprisonment, infringement of copyright, pollution of the environment, and auto accidents among many others that qualify under the definition of a tort. Categories of tort include negligence, statutory torts, nuisance, economic torts, and intentional torts. Tort reforms in the US are simply ideas that are design ed to change the way the civil justice system works In her blog ‘Tort Deform: The Civil Justice Defense blog, Protecting America’s Access to Courts’, Justinian Lane explains tort reforms in terms of the American politics showing how the different divides between the Republicans and Democrats affect the tort reforms. She believes that tort reforms are purely an endeavor â€Å"to make it difficult for people to file injury lawsuits besides collecting reasonable amounts of money from injury suits† (Lane, 2012, Para. 1). She postulates that efforts are meant to protect the leading industries to the detriment of the public (Lane, 2012, Para. 3). Republicans, proponents of the campaign in question, judge that cases are a form of ordinances that affect the giant industries and that most industries fund the Republican Party. On the other hand, most trial lawyers are Democrats and that they fund the Democratic Party from earnings from these suits. Therefore, the su pport for tort reforms by republicans is simply to curtail the Democrats’ source of funds on the political arena. In the evaluation of this postulation for the purposes of if it can be used as an argument for tort reforms in the US, I find it lacking in depth in terms of the core purposes of tort reforms. This follows because all American people suffer civil suits for injury and damages regardless of their political affiliations. Therefore, the need for compensation cannot be pegged on ones political views (Lane, 2012, Para. 6). Stephen King’s views in the article ‘Does Tort Law Reform Help or Hurt Consumers?’ found in the journal The Economic Record of December 2010 â€Å"constructs a simple competitive model to analyze the effect of Tort reforms on consumers† (King, 2010, p. 563). The framework indicates that changes â€Å"to limit non-economic losses make consumers worse off ex ante† (King, 2010, p. 564).Advertising Looking for res earch paper on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the contrary, changes in financial losses translate to equivocal consequences. King explains that tort law reforms in the US are meant to place a ceiling to payments on non-economic losses ranging from between $250,000 in Kansas, Tennessee, and Montana to more than $1million in Nebraska, Indiana, and Virginia. He explains that tort reforms are aimed at reducing the number of claims made, as well as the size of claims with the sole aim of lowering insurance premiums to make other products that come along with it more affordable. This article by King is reliable in the study of tort reforms in the US because Stephen King, as an individual, is a distinguished scholar in the field of Business and Economics at the Monash University Caulfield, Victoria; Australia (King, 2010, p. 577). King’s article gives an empirical approach to the topic to prove the theory he is postulating. This therefore makes the article reliable. The article is published in the Economic Record Journal, which is a journal published by the Economic Society of Australia, which is an authority in economic matters in Australia recognized in the world over (King, 2010, p. 563). In the article ‘Public Choice and Tort Reform’ of 2005, Paul Rubin explains the origin, existence, and the future of tort law together with the need and consequences of its reform. Rubin explains that several interest groups that tend to shape tort, in its origin and reform, to meet their own agenda influence (Rubin, 2005, p. 224). He therefore approaches it from a public choice point of view to find out the public’s interest in tort reforms. He narrows the reforms down to the US in relation to the special groups’ interest. This follows because tort has been shaped up by special interest lobbying and what can be described as rent seeking by trial lawyers. The article bring s out the cost of tort on the economy. It explains that the cost of tort in relation to GDP is 2.2% of GDP, and that other costs like administrative costs and lawyer fees make up about 87% of the total tort cost ((Rubin, 2005, p. 228). This article by Rubin is reliable in explaining tort reforms in the US because it comes along with facts that it has used for its argument to reach its conclusion. The article is authentic because, for it to qualify to appear in the public choice journal, it has met all the stringent conditions for any academic articles for the purpose of publication (Rubin, 2005, p. 236). Howard Brody et.al in their paper entitled ‘Professionally Responsible Malpractice Reform’ in the Journal of Internal Medicine explores the relationship between negligence, medical malpractice, and tort reforms. The authors explain that most medical practitioners are not versed with the tort laws because they fall under a very different field, and they are too broad (Br ody, 2011, p. 808).Advertising We will write a custom research paper sample on Tort Reform in the United States specifically for you for only $16.05 $11/page Learn More They explain that, if medical malpractice is taken care of well, then incidences that require the intervention of tort law or action within the medical field will reduce (Brody, 2011, p. 808). The paper further explains that physician-centered tort reforms in the US are aimed at protecting physicians by limiting the number of malpractice suits filed against the practice in a bid to punish lawyers who are accused of bringing in frivolous malpractice suits. This is discovered to be used by doctors to cover them up against litigation and not necessarily to cap tort payments (Brody, 2011, p. 809). In finding out the authenticity of this paper and if it can be used as an authority for tort reforms in the US, the answer is yes. Medical malpractice, specifically physician negligence, is one of the major categories covered under the tort law and thus the need to reform tort in the US will most definitely fall within this document. The document has been prepared by Howard Brody et al who have an authority in medical matters as holders of a PhD in medicine. Therefore, he is an authority in this matter. Janelle Blake et.al explores efforts that have been made by the state to curb medical malpractice reforms in her article titled ‘The Us Medical Liability System: Evidence for Legislative Reform’, which was published in the journal Annals of Family Medicine. In the article, she evaluates the effects of previous malpractice tort reforms on malpractice payments and premiums in the US (Blake, 2006, p. 243). Her findings point out that a decrease in misconduct costs could be garnered significantly, â€Å"if non-economic damage ceilings could be put in operation on a national scale† (Blake, 2006, p. 246). Her findings also indicate that noneconomic damage and total d amage ceilings could lead to lower premiums. Further, she reveals, â€Å"statutory tort reforms were not associated with lower rates of payments† (Blake, 2006, p. 246). The study explains that increase in these malpractice premiums together with excessive rewards that litigants are paid and the fear that physicians have against litigation, have led to a rise in healthcare costs thus a threat to access to medical care in the US (Blake, 2006, p. 246). The study can be used as an authentic study material for tort reforms in the US because it tends to bring out reasons for agitation of tort reforms in the US, as well as the cost of a tort action to the economy and society as a whole. This is a scholarly article done using empirical studies to come up with the drawn conclusions. As such, it has been published in a reputable research journal.Advertising Looking for research paper on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More In conclusion, the articles that have been evaluated here concerning their suitability to give advice on tort reforms in the US are authentic and reliable. The conclusion follows since the sources scholarly publications with authority in their different fields. The authors of the same articles are professionals in their fields and have very high academic credentials to cap with thus making them have authority in their respective fields of study. Thus, their opinions can be counted on to advice on the said topic ‘Tort Reforms in the US’. The articles explored have been prepared with facts in hand to prove whatever theory they are trying to postulate about tort reforms. Such facts have been collected from reliable findings done over a period, and are consistent with the requirements of research. Reference List Blake, J. (2006). The US Medical Liability System: Evidence for Legislative Reform. Annals of Family Medicine, 4(3), 240-248. Brody, H. (2011). Professionally Respo nsible Malpractice Reform. Journal of Internal  Medicine, 26(7), 808-809. King, S. (2010). Does Tort Reform Help or Hurt Consumers. The Economic Record, 86(275), 563-577. Lane, J. (2012). Protecting Americans Access to the Courts. Tort Deform: The civil  Justice Defence Blog. Retrieved from tortdeform.com/ Rubin, P. (2005). Public choice and Tort Reform. Retrieved from https://www.jstor.org/stable/30026711?seq=1#page_scan_tab_contents

5 Reasons Why Summer Job Hunting Will Get You a Job

5 Reasons Why Summer Job Hunting Will Get You a Job You may think nothing happens in the summer. No one is really working or hiring, so you may as well take a break from your job search until Labor Day rolls around, right? Big mistake. The fact is there are still job offers to be found out there- even in the dog days. Remain at the top of the game, and hopefully one of those jobs will be yours for the taking. Here are 5 specific reasons why you should persevere in your hunt for the next great opportunity over the summer months.1. It’s the perfect time to take stockThis is particularly true if you’ve been looking for a new job for a few weeks or months. The summer is a good time marker. Take a step back and evaluate your progress. What has and hasn’t been working? Could you glam up your resume or LinkedIn profile a bit? Re-hone and rehearse your elevator pitch? Come up with a new strategy? The self-examining work you do now will pay off–not only over the summer, but throughout your career.2. You’ll ge t a leg up on the competitionWhile there are still jobs out there in the summer, there are far fewer applicants. Now that you’re in on the secret, you can be sure that your resume is circulating among far fewer resumes in the summer months. So while the other guys are at the beach, you’ll be making forward progress. Keep networking, keep applying. Keep your eye on the prize.3. Interviews are less complicated to scheduleYour workload has eased up a bit, and the same is probably true for recruiters. You’ll find it’s much easier to find a mutually convenient time to meet someone in the summer months. Plus, there’s often a more relaxed and casual feel in the office. And, if your boss is away, you won’t have to worry about lying to her when you duck out for an interview with a headhunter!4. Networking can be more casualJust like the office dress code, the professional networking scene eases up a bit in summer. Gone are the formal mixers and event s. You can try the â€Å"grab a burger and a beer† strategy, or perhaps join a league sports team. And when you’re relaxed? You probably appear more confident. There are many more opportunities for casual conversations. You can start with the weather or the Red Sox and end up with a job prospect.5. You’ll have time to reevaluateHow did your year go at your current job? How well were you compensated? How well did you meet your goals? If you have a dream job on the horizon, now’s a good time to take stock and figure out what skills and certifications you may need to acquire to get there. Confer with your time table and make sure you’re not straying too far from it.In short, use these slower months to kick your job searching butt into high gear! Your future fall self will thank you.