[jaguar]

There are multiple aspects here and it requires a fairly deep understanding of tort law to get a full picture. Medical malpractice is only one part of it. Ever since Big Tobacco got fucked the Republicans have been calling for tort reform to stop virtually limitless damages from those kind of actions when a large class suit is brought - they get so large that noone dares let it go to judgement. Frankly I think it's a fantastic weapon against businesses that put consumers knowingly at risk with an air of impudy, the idea that they could have actions brought against them so large it could bankrupt them is a good disincentive, that said, some areas do need an overhaul.

This is in a sense 'think of the children!' version 2.0, a valid but minor part of a much larger battle that has been going on for a fairly long time now.