That which is last should be first

I’m still ensconced in the library, as my last final approaches with the inevitability of Haley’s Comet, but I saw this and though it worthy of note.  Regarding a decrease in the cost of liability in the long-term care industry.

Theresa W. Bourdon, managing director and actuary, credits tort reform for much of the progress, while adding: “Many other changes, including the withdrawal of some long term care facilities operators from expensive markets, more effective defense strategies, the use of arbitration for claims settlement and significant improvements in quality of care, have combined to help alleviate the liability crisis.”

Link.

So, first we have legislatively imposed caps on damages, followed by decreasing access to long-term care by intentionally leaving portions of the market under served, more court wins, and the use of arbitration, presumably in the form of mandatory binding arbitration agreements (although admittedly I don’t have proof of that, other then this).  Only then is improvements in quality of care listed.  Now, maybe the improvements are significant, but it is striking that this was the last thing listed.  Everything else has to do with avoiding liability, rather then reducing it.

Posted in Law
Tags: Arbitration, Tort Reform