State still has tort issues to address

Published 12:00 am Saturday, April 17, 2004

It was one year ago that a new &045; but long awaited &045; law went into effect to cap punitive damages in malpractice cases.

The law was meant to help save the ailing health care system in Mississippi, which has seen many doctors leave the state as insurance costs rise.

The jury is still out on how much the new caps have helped, but many doctors and administrators have said they brought some relief as hospitals were able to recruit more doctors. But the long-term effects are still unknown.

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If relief is still not complete, we don’t think it’s because the measures taken were wrong &045; instead, they may have been too little, too late.

And now we’re worried that other tort reform &045; civil justice laws that would also help small businesses &045; won’t see the light of day in Mississippi, either.

We have a new governor and a new Legislature taking office soon, and we hope these officials will take action on civil justice reform as soon as possible.

Critics of reform &045; who are often trial lawyers &045; argue that measures such as damage caps hurt plaintiffs who need monetary relief from a lawsuit.

But it is the trial lawyers who are often the people who benefit most from constant lawsuits, which are often filed against small businesses that can’t handle the burden.

Yes, people who are truly wronged should have their day in court.

But too often in our country we see ridiculous lawsuits &045; over everything from hot coffee or airplane turbulence &045; that are a drain on our system and on pocketbooks.

Let’s hope it won’t be too little, too late for Mississippi’s continuing tort reform efforts in 2004.