Recent Case Results
Tort reform initiatives are gaining momentum. As we have reported, several states are currently considering various tort reform initiatives that would cap the amount of damages that plaintiffs can recover in certain personal injury lawsuits, such as those involving allegations of medical malpractice. The latest state to introduce tort reform legislation is Pennsylvania. The proposed Pennsylvania legislation specifically targets Philadelphia, which has been has long been maligned by defendants in the personal injury lawsuits.
Currently, plaintiffs are allowed to litigate their claims in Philadelphia from anywhere in the state, but under the proposed bill, Pennsylvania’s local courts could only hear personal injury cases when the plaintiff is a resident, a corporation is locally headquartered, or the incident occurred in that district.
Pennsylvania is also seeking to reform the way the state handles joint and several liability in personal injury actions. In June 2011, Pennsylvania limited joint and several liability damages to a defendant’s share of the verdict if the defendant was less than 60% liable. Previously, plaintiffs were allowed to recover for 100% of their award from any defendant, even those who were minimally liable.
Other state governments that are considering tort reform include Tennessee, Virginia, North Carolina and Texas. For instance, Texas governor Rick Perry wants to limit non-economic damages, such as pain and suffering, at $250,000 in medical malpractice lawsuits against doctors and $750,000 for medical malpractice lawsuits against hospitals. Proponents of tort reform believe that limiting recovery in medical malpractice cases will help the nation’s health care system by reducing malpractice insurance costs for doctors and health care providers. Gov. Perry’s personal injury reform initiatives in Texas began in 2003 with the passage of legislation that limited the amount of money a plaintiff could receive in a medical malpractice lawsuit.
Tort reform initiatives, such as those that seek to impose damage caps, face a number of hurdles, however. Caps on damages may be deemed unconstitutional since the Seventh Amendment guarantees the right to a trial by jury in civil cases based on common law, which imposes no caps on civil trial damage awards by juries. Moreover, medical malpractice tort reform undoubtedly hurts patients and the public by failing to hold doctors, hospitals and other medical professionals financially responsible for their injuries or deaths that they have caused. As we recently reported, the vast majority of personal injury lawsuits are not frivolous. In fact, a study conducted by the Harvard School of Public Health analyzing more than 1,400 medical malpractice claims concluded that the majority of medical malpractice claims were meritorious and involved “injuries due to error,” with 80% involving death or serious injury.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Governor Rick Perry’s run for the presidency has placed a spotlight on his medical malpractice and tort reform initiatives in Texas. As governor of Texas, Perry has helped to pass legislation that capped compensation for non-economic damages caused by medical negligence. He also recently passed another law that makes it easier to dismiss some lawsuits and forces plaintiffs to incur the legal costs for certain cases that are defeated or dismissed. As part of his presidential campaign, Gov. Perry is currently pushing for federal tort reform.
Gov. Perry and others in favor of tort reform believe that reform initiatives similar to those passed in Texas would help the nation’s health care system. Gov. Perry’s personal injury reform initiatives in Texas began in 2003 with the passage of legislation that limited the amount of money a plaintiff could receive in a medical malpractice lawsuit. Non-economic damages, such as pain and suffering, were capped at $250,000 in lawsuits against doctors and $750,000 for lawsuits against hospitals.
Proponents in favor of tort reform tout statistics showing that, in the first five years following Texas’ tort reform, 14,498 doctors either returned to practice in Texas or began practicing there for the first time. Other statistics indicate that the Texas tort reform did not enhance Texas’ medical community, however. In fact, according to statistics compiled by the American Medical Association and other physician organizations, the rate of growth was actually lower than the national average for the number of doctors in patient care.
Moreover, even though tort reform may result in lower medical malpractice insurance premiums, those cost savings are not being passed on to patients. In 2010, the average premium for family coverage in Texas was actually $655 higher than the national average.
Not only has Texas’ personal injury tort reform failed to enhance the medical community or result in cost savings to patients, but medical malpractice tort reforms can also hurt patients by facilitating a culture that lacks accountability. As we recently reported, the vast majority of personal injury lawsuits are not frivolous. In fact, a study conducted by the Harvard School of Public Health analyzing more than 1,400 medical malpractice claims concluded that the majority of medical malpractice claims were meritorious and involved “injuries due to error,” with 80% involving death or serious injury.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
The Tennessee legislature approved comprehensive medical malpractice tort reform last month. While the legislation is designed to curb frivolous lawsuits and promote job growth by removing the fear of litigation and insurance costs, the tort reform legislation merely kowtows to pro-business advocates at the expense of the victims of negligence and tortious wrongdoing and their families. By capping damages for medical malpractice and other negligent conduct, the legislation removes accountability from the medical profession and limits the rights of victims of medical malpractice to obtain adequate compensation as determined by a jury of their peers.
Among other things, the tort reform legislation:
- Limits non-economic damages, such as pain and suffering, to $750,000 in most cases;
- Limits non-economic damages to $1 million for cases in which the plaintiff becomes a paraplegic or quadriplegic because of spinal cord injury, sustains third degree burns over 40% or more of his or her body or face, or has a hand or foot amputated;
- Requires that punitive damages be proven by clear and convincing evidence;
- Caps punitive damages to two times compensatory damage or $500,000, whichever is greater, unless the defendant intended to injure the plaintiff, was under the influence of drugs or alcohol, or intentionally falsified records to avoid liability;
- Prohibits punitive damages in products liability actions, unless the seller had substantial control over the design or manufacturing of the defective product or had actual knowledge of the defect in the product at the time it was sold.
There is no cap on the amount of economic damages that can be recovered. The Tennessee House of Representatives reluctantly agreed to approve the legislation even though the Senate deleted a provision that would have excluded convicted felons from protection against unlimited non-economic damages.
As Tennessee Sen. Eric Stewart said in a statement, the legislative reforms “put a price on the life of the weak, the paralyzed, the neglected — all under the guise of economic development.”
If approved by Tennessee Governor Bill Haslam, as is expected, the bill would take effect October 1, 2011.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
