Do Tort Reform Measures Lower Health Care Costs?
Tort reform, or modifying the system of compensation and liability for legal injury by limiting patients’ rights, was repeatedly contested during the debate over the recently passed health care bill. Some politicians in Congress who were against the health care legislation, but in favor of tort reform, argued that the medical malpractice system required doctors to practice ‘defensive medicine’. This in turn, they said, makes health care more expensive for the average person. For example, some Washington D.C. politicians claimed, without any real evidence, that the ‘fear’ of medical malpractice lawsuits forced doctors to order unnecessary tests or procedures in an effort to avoid being sued. These politicians further argued that the practice of defensive medicine was the main driver behind the exorbitant rise in health care spending and that by limiting patients rights the U.S. could save “hundreds of billions of dollars annually” in health care costs. However, the actual facts show tha
