Tort Reform is a Myth

We represent the family of Tim Frymire in a wrongful death and medical
malpractice action. Tim died on August 1, 2013 at the age of 20. He had been to his doctor’s office 7 hours
before his death. He died from complications of a brain tumor.

We were scheduled to go to trial in August 2016 when the case settled. The family sought to improve medical care for
everyone as part of the case, i.e. to have medical providers pay more attention to the type of symptoms that Tim
exhibited. They also disagree with the statutory cap on wrongful damages in Missouri. Although the statue has changed
over the years, it places a cap on noneconomic damages of $350,000. So, this puts a lid on these noneconomic damages.

Insurance companies, doctors, and nurses who break well established rules of care that they should provide to patients
use these caps to artificially limit their liability and avoid responsibility for their medical errors. The New England
journal of medicine studied the
effect of tort reform and found no reduction in integrity of care, use of “defensive medicine”,
use of MRI’s or CT’s at hospital admissions- ie no cost savings. Insurance industry tricked states into passing it and
does nothing to change way medicine is practiced or help patients or doctors (other than to cap recoveries when doctors hurt their patients). New study shows tort reforms saving are mythical.

Simply put, medical malpractice caps do not help doctors
and only help insurance companies. That we would help insurance companies rather than good Missouri and American
families like the Frymires is bad public policy.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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