Only far-reaching legal reform can ensure that the system focuses on rewarding injured parties rather than entrepreneurial lawyers. An earlier study, published in the Journal of the American Medical Association , found that women with implants had engaged in riskier conduct than had women without implants. That doesn't mean women with implants suffer no health problems. Although research should continue, nothing found so far warrants the legal deluge that has needlessly terrorized women with implants and destroyed the silicone breast implant industry. The massive tobacco settlement is based on the premise that smoking raises health care expenditures for states.
Smokers tend to die younger, thereby generating lower total health care bills.
Sometimes the trial bar generates such underlying falsehoods. Nor is there any end in sight to such cases. Attorneys are starting to explore the litigation potential of the year 2000 glitch in computers. A well-functioning liability system promotes justice by providing compensation to those injured through the negligence of others. But the notion of fault is steadily disappearing from American tort law.