So we know the problems, our sue-for-anything society is missing the “law” part of lawsuits. Without legal rulings that protect the boundaries of free activity, any angry person can unilaterally destroy reasonable freedoms—just by threatening a lawsuit.
The land of the free is not supposed to be a legal minefield. So how do we fix it?
Judges Must Actually Make Judgements
Tort reform is useful to set predictable damages, but no tort reform can draw the line between reasonable acts that people must be free to do, and unreasonable acts. Only a judge, looking at the facts of a claim, can draw outer boundaries of free conduct and make legal rulings dismissing claims over conduct that a free society ought to protect, as a matter of law. Until judges start drawing these lines, fear of lawsuits will corrode our freedoms.
Health courts are vital to bring needed reliability to end the practice of defensive medicine and improve safety. Traditional proposals like caps can’t do that, nor can safe harbor provisions. Health courts are supported by every legitimate healthcare constituency—as well as by the American public—and only opposed by trial lawyers who profit by holding out the risk of a rogue verdict from the current unreliable system.