Tort Reform--The Becker-Posner Debate

One should be careful in invading the turf of such gifted and experienced men as Judge Posner or Economist Gary Becker; but Everyone knows this Author has no shame. One must recognize their Debate is a Must-Read when it comes to Tort Reform, so don't just rely on this Author. Both Becker and Posner believe it is inappropriate to interject Federal Tort Reform into what is a basically State arena; Becker insisting such might be necessary to curb excesses in Class Action suits. They each see distortions in the placement and direction of Class Action suits, as does this Author.

Judge Posner perceives a real need to base malpractice insurance on personal liability experience, like the issuance of Car insurance; so that good performance pays less than consistent inattention to proper care. Posner also has doubt that malpractice has much effect upon the quality of care, though it is admitted to have some effect in the supply of defensive medicine.

Gary Becker finds need to fully represent Compensatory Damages, while putting limits on Punitive Damages. He would suggest that the Injured be adjudged for his own negligence in inciting the damage, this to limit excessive litigation.
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The Author's own suggestions(some rehashed from previous writings)
1) Compensatory Damages should be based on all Costs of Treatment and/or Recovery.
2) Punitive Damages should be based upon the yearly Income of the Injured, or some equivalent equitable amount set by the Judge.
3) Punitive Damages should be awarded as a percentage of Injured's Income or Judically-set evaluation.
4) Punitive Damages should be paid yearly from an Annuity Fund governed by the Court, purchased by the Injurious Party found at fault.
5) Legal fees for the winning Legal team will be a set Judgement, paid by the Party found at fault, and determined by either a Jury or Judge. Both Legal teams will be allowed argument in the setting of this Legal Fee Jugement.

Separating the Legal Fees from the Damage Judgements will reduce outrageous Legal fees, and so minimize excess litigation. Limiting Punitive Damages to the Injured's Income, and making it yearly Installments, will decrease Plaintiff desire to pursue long legal Cases; a Course which will be undertaken only in the face of real Injury. There is no relevant case for Tort Reform, though there is real need for alteration of medical underwriting, and for Court rules of procedure alteration to accomodate fairer and swifter Justice. lgl