In an ironic twist of fate, Elliot Kaplan, attorney, and founder of the modern tort reform movement recently lost his own medical malpractice case that he filed against a Mayo Clinic pathologist who mistakenly diagnosed him with pancreatic cancer. Kaplan alleged in the lawsuit that the misdiagnosis forced him to undergo unnecessary medical procedures and left him physically and emotionally scarred. Unfortunately for Mr. Kaplan, the jury at his trial did not agree and found for the pathologist, awarding him nothing.
The modern tort reform movement is an attempt by politicians, insurance companies, industry, and other special interests to unfairly and arbitrarily limit or even preclude injured people from protecting their rights and the rights of others from injuries caused by negligent and intentional harmful conduct.
The outcome of Mr. Kaplan’s lawsuit highlights the difficulties that injured people face every day in the court system. Mr. Kaplan’s own history as an advocate of tort reform only served to prevent him from getting the true justice that he probably deserved. Louisville personal injury attorney, Brian D. Cook hopes that “cases such as these will help even the most vocal opponents of tort reform realize that attempts to limits the rights of average, everyday citizens only hurts everyone in the long run.”
For more information please contact one of the experienced medical malpractice attorneys at Bahe Cook Cantley & Nefzger PLC at http://www.kentuckyinjurylaw.com.