You disagree with the racket part? Let me rephrase it... highly abused.
I can’t speak to other jurisdictions, but generally not here. Sure, there are frivolous claims but very few every get paid or make it beyond a summary judgment. Slip and falls never get paid until after a summary judgment because the law is now so favorable for premises owners. And there are four dispositive motions a defendant can file in a Med Mal case. And med mal REQUIRES an expert report (expensive) and your damages are capped. Collectively, those two make most cases impossible to bring. Not to mention, the claim doesn’t really exist in the ER context. Hell, the Courts here nerfed the bad faith statutes in the insurance code. Even though the statute says a cause of action exists, the Courts say no. Even the presentation of damages has changed in the last two years.
So I guess technically you could file suit for a frivolous claim, but you’d be hard pressed to find an attorney willing to take it on a contingency fee. Generally, those attorneys don’t make it long and have to change fields. And, because several appellate courts and the Supreme Court is so pro-tort reform, even if you win at trial on a meritorious claim, you face a substantial risk of appeal. Up until pretty recently, if there was any evidence to uphold the jury verdict, it was upheld. Now, the Court decides what a reasonable juror would do. Not even jury verdicts are safe here.
On the other hand, I can’t tell you how many “property damage” releases I’ve seen that releases all claims - bodily injury and property damage. Corporations and insurance companies do their fair share of abusive stuff, too.
I’m not completely against tort reform. I do think a doctor should generally be protected if you have surgery and get an infection. I think if Medicare pays your medical bills, you shouldn’t be able to claim the unreduced amount. But I also think if a jury finds one way, it’s not for the court to determine if that jury was “reasonable”.