How many of you think that the lady who got a jury award for spilling hot coffee on her lap played the system? The new movie - HOT COFFEE helps explain why the jury, in spite of all the media spin, gave her the award.
Watch This Trailer for the Movie "Hot Coffee"
"Tort Reform" which is not a reality in over 30 states, does not help you, or me, or any other individual citizen. Tort Reform protects corporation, doctors, and other who are in positions of power which can be abused.
Interview with the Director of Hot Coffee - find out why
Tort Reforms you are giving up your rights in favor of corporations, big business, and healthcare providers. They benefit, you don't! Agreeing to arbitrate does the same thing.
Article about Tennessee's new tort reform
When you read this article, you can read the words "level playing field" to mean - predicable risk of loss in a law suit - This means that a company can create an actuarial model to determine how negligent they can afford to be. Your life, health and safety are reduced to mere numbers on a balance sheet. Remember the infamous case about the Ford Pinto, when Ford decided it was easier to pay off the families of the people who burned up in an accident than it was to recall and fix the relatively minor problem with the cars. Fortunately, in that case, the Jury told them "no", human life is worth more than your precious balance sheet.
They took your rights with Worker's Comp. Now they are taking them away with tort reform. The simple question is, if a doctor acted negligently and injured your child, how much is enough to properly compensate you and to provide for her?
"Hot Coffee" explored the human effects of caps on damages. Four states, including Nebraska and Virginia, however, have a cap on all damages - including economic damages.
In the HBO documentary, a Nebraska boy was injured at birth. As a result of the negligence of an obstetrician, he is severely brain damaged and will require a lifetime of care. A lifetime of medical care alone will cost in excess of $5 million. The jury awarded $5.5 million. But because Nebraska maintained a $1.75 million cap on all damages, his family received only $1.75 million (much of which went to expenses and attorney fees). That means that taxpayers get stuck with the bill, rather than the wrongdoer.
Tennessee's law places a $750,000 cap on non-economic damages and limits punitive damages at twice the amount of compensatory damages or $500,000, whichever is greater. The bill lifts the cap if the defendant is found to have intended to cause bodily injury.
They want you to believe that this is going to help you. What will you do if your medical bills, the uncovered portion, is over the limit and it was caused by a negligent doctor? What you will do is head for bankruptcy court, because your governor gave away your rights in an effort to attract businesses to Tennessee. He traded your rights for more tax revenue.
Compensatory damages, including non-economic damages, are designed to make a Plaintiff whole. Punitive damages are designed to punish the wrongdoer. Punitive damages have been limited to $500,000. So, if your doctor gets drunk, operates on you, and cripples you for life, the most his insurance company will have to pay is $500,000 in punitive damages - no matter how badly you are injured or how blatant his negligence. That's what has happened due to the 25 year long lobbying efforts of big corporations and insurance companies.
Please take a look at some of the videos posted here. These limits are tragic for the citizens of Tennessee, just like they are tragic for the 30 other states that have also adopted them. Don't be fooled into giving up any more of your rights.
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