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Tort reform for everyone? (7/17/02 Sun Herald, MS) By Peter Woodall Tort reform must apply to everyone, not just doctors, state Sen. Tommy Robertson, R-Moss Point, told members of the Jackson County Chamber of Commerce on Tuesday. Robertson serves on a special legislative committee studying the fairness of the state's civil justice system, often called tort reform. The committee of representatives and senators was appointed by Lt. Gov. Amy Tuck and House Speaker Tim Ford in May to propose legislation, if any, that might be needed to address the civil courts, including limits on the amount juries can award to victims. Doctors say the state's legal climate is making it difficult for them to find medical malpractice insurance because companies will no longer write policies in the state. When they can find it, it's expensive.
"If the only thing we're going to do is take care of physicians, I'm going
to vote against it," said Robertson. "We need total civil reform in this
state. " Robertson, speaking at the chamber's Eye-Opener, said the widespread legislative support for helping doctors could be used as leverage to extend tort reform to other areas. "We might have to hold them hostage to get the other stuff," he said. Robertson said that if Gov. Ronnie Musgrove calls a special session limited to addressing the needs of doctors and nursing homes, the Legislature might declare itself at a deadlock and adjourn without taking any action. Bills that would have limited multimillion-dollar damage claims died in both the state House and Senate during the regular session this spring. Robertson is a lawyer who mostly handles commercial and real estate cases, as well as some general practice work, including personal injury cases. He said he supports a $250,000 cap on damages for "pain and suffering" in medical malpractice suits. Tort reform is necessary, Robertson said, in order to recruit business and industry to Mississippi. Robertson said the legislative committee on tort reform has tentatively scheduled hearings in Hattiesburg on July 31, Starkville on Aug. 1, Cleveland or Greenville in mid-August and then Natchez at a later date. Chamber of Commerce President Terry Carter said that the chamber plans to charter enough buses to take up to 300 people to the meeting in Hattiesburg.
After the hearings, Robertson said, "we'll come back and craft whatever
legislation we can. " Robertson said the committee plans to submit a proposal to the governor by Sept. 1. |