Rising health care costs have caused a national crisis, and everyone agrees we need to embrace reform. President Obama launched his national health plan in hopes of reducing some of the inflated costs. When trying to fix this problem, you should always address the root of the problem. Much of these inflationary costs arise from malpractice lawsuits, and so begins the debate for tort reform: legislation that would cut health care costs by reducing the risk of civil litigation and exposure to fraudulent claims (“ What"). However, the real factor at play and the real cause of the industry's high costs does not arise exclusively from the costs incurred by these lawsuits, but from the excessive spending by doctors, who subject them to excessive tests and analyzes in order to protect themselves from the threat of negligence lawsuits. Therefore, there is broad public support for tort reform. While the proposed legislation implemented through tort reform could reduce health care costs and positively transform the industry, it is ultimately unconstitutional and could not withstand judicial scrutiny. The crisis centers on malpractice lawsuits. When patients can sue doctors and make unreasonable profits, doctors must invest large sums in insurance to cover these lawsuits; furthermore, to avoid any accusations of negligence, they feel obliged to overanalyze routine ailments, often investing large sums of money to exclude rare afflictions (Studdert). The impact of these procedures drives up healthcare costs by up to 30% (Kimbuende), putting affordable healthcare out of reach for many, while benefiting parties who profit from excessive lawsuits. Tort reform seeks to eliminate these extraneous costs through......middle of paper......Scientific Publications, LLC., 2005. Web. May 28, 2010. .Studdert, David M. "Defensive Medicine among high-risk medical specialists in a volatile malpractice environment, June 1, 2005, Studdert Et Al. 293 (21): 2609.” JAMA, the Journal of the American Medical Association, a weekly peer-reviewed medical journal published by the AMA. American Medical Association, June 1, 2005. Web. May 31, 2010. "The Constitution of the United States - The Constitution of the United States online - USConstitution.net." The United States Constitution online - USConstitution.net. Steve Mount, 2010. Web. May 28, 2010. .What is tort reform? An easy to use guide. October 31, 2003. Web. May 28 2010. .