Presidential Candidate Proudly Declares Support for Denying Victims Compensation

Texas Governor Rick Perry has joined the presidential race and one of his primary talking points for being qualified for the position is "litigation reform." This is code for "tort reform," which is code for "denying victims injured by negligence adequate compensation."

Most tort reform advocates proclaim the importance of "capping" economic damages so victims can only get a fixed amount of money from a medical malpractice lawsuit, nevermind the extent of the injuries suffered by the vicim. Gov. Perry is not only a major proponent of capping damages, but he also advocates for "loser pay" laws.

"Loser pay" is advertised as a way to ensure people who file "junk lawsuits" are penalized for bringing the unnecessary litigation. In reality, "loser pay" laws are a way to dissuade victims from actually bringing a medical malpractice lawsuit. How? Well, if you're a victim who has racked up thousands of dollars in medical bills or been out of work for a while because of the injury, the prospect of having to pay for the doctor's legal bills if they lose is daunting. Loser pay is against the basic underpinnings of the Seventh Amendment right to a jury trial for torts.

What's even more frustrating about Gov. Perry's stance of tort reform is the fact that he inaccurately boasts about the improved "climate" for doctors in Texas after his reckless tort reform laws went into effect. He declares that over 20,000 doctors came to Texas because of the new tort laws. This was proven to be completely false by Politifact.

The truth is that tort reform is not designed to actually improve the health care "climate", since patients are inexorably included in that climate. Tort reform exclusively benefits the health insurance industry and negligent doctors who are willing to do anything to avoid liability. It's time politicians proclaiming their love of tort reform be honest about what it's really all about.