Unconventional Warfare: Fighting the New Tort Reform Battles

Brian S. Kern, JD

As health care changes, so does the perceived liability associated with its delivery. With these changes, plaintiff attorneys are adopting new strategies to obtain compensation for patients.

The fight for caps on noneconomic damages and other traditional tort reform measures should not eclipse the need to adapt to the times. The healthcare liability system has expanded from one that almost exclusively revolved around medical malpractice to one where plaintiffs seek to exploit a wider legal framework to hold healthcare providers accountable. Physicians must recognize this strategy and be prepared.

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