WHAT HAVE WE DONE FOR YOU LATELY ? Tort Reform – Why AMS Supports Issue 1
Be sure to visit www . YesOn1 . com to learn more about Issue 1 and to contribute .
Issue 1 is an amendment to the Arkansas Constitution submitted to the voters by the Arkansas General Assembly .
It will be on the November ballot for all Arkansas voters to decide for themselves if this is right for our state .
The AMS certainly believes it is . In short , Issue 1 sets caps on attorney fees , sets minimum caps on non-economic and punitive damages , and authorizes the legislature to adopt what are called “ rules of the court .” None of these provisions are novel ideas . Most states have enacted similar provisions either by law or constitutional amendment . All of our surrounding states have damage caps except Missouri . What Issue 1 doesn ’ t do is cap economic damages . Those are typically related to past and future medical expenses , lost wages , future earning power , etc .
Issue 1 levels the playing field for our state . When businesses ( or physicians ) consider moving to a new state , one of the issues they look at is the legal climate . This is not to protect themselves from valid legal claims , but to ensure that the legal environment is not rife with attorneys looking for quick “ jack-pot ” justice cases .
Here are some pertinent facts :
Most medical malpractice cases never make it to a jury trial . Roughly 70 % are dropped ; another 20 % are settled ; and , of the remaining 10 % that go to trial , only a small percentage result in a verdict for the plaintiff . However , the hidden costs associated with these cases can be enormous . Nationally , the average defense costs for “ dropped ” cases has been estimated at around $ 40,000 . Without caps , there is tremendous pressure to settle cases with questionable merit , and that ’ s the leverage plaintiff attorneys apply to get ever-increasing settlements .
DAVID WROTEN EXECUTIVE VICE PRESIDENT
One of the more emotional arguments we ’ re seeing against Issue 1 is the claim that it sets a value on human life . The opponents using that argument are disingenuous . The fact is that juries already place a value on human life with each verdict . The difference is that juries make those decisions based on raw emotion enhanced by the theatrics of trial attorneys . Issue 1 places a reasonable cap on these non-economic damages that is very much in line with what other states have done . The amendment ensures that punitive damages cannot be capped if the defendant intentionally harms someone .
Then there are the rules of the court : Contrary to what some opponents are saying , Issue 1 doesn ’ t prohibit the court from adopting its own rules . Issue 1 does , however , create a check-and-balance system by authorizing our elected legislators to enact laws that also address rules of the court . The amendment requires a 3 / 5 vote of both houses and doesn ’ t preclude a veto by the governor . Why is this so important ? If Issue 1 passes , the Legislature would be able to pass other reforms that are vital to a balanced legal climate . For example , the 2003 Civil Justice Reform Act required plaintiff lawyers to submit an affidavit of merit within 30 days of filing a medical malpractice claim . That same law established rules governing expert witness qualifications . The Arkansas Supreme Court later decided that those were “ rules of the court ” and therefore unconstitutional . The fact is that without this provision in Issue 1 , the court will never allow any type of meaningful tort reform to stand .
In November , Arkansans will have the opportunity to vote for or against tort reform measures that bring Arkansas ’ s legal system more in line with other states . Physicians have a major stake in the outcome , so the AMS encourages every member to get involved . For more information , go to www . YesOn1 . com .
David Wroten Executive Vice President
Penny Henderson Executive Assistant Journal Advertising
Nicole Richards Managing Editor
Jeremy Henderson Art Director
EDITORIAL BOARD Appathurai Balamurugan , MD , DrPH , MPH Family Medicine / Public Health
Tim Paden , MD Family Medicine
Sandra Johnson , MD Dermatology
Issam Makhoul , MD Oncology
Naveen Patil , MD , MHSA , MA , FIDSA Internal Medicine / Infectious Disease
Benjamin Tharian , MD , MRCP , FACP , FRACP Gastroenterologist / Hepatologist
Robert Zimmerman , MD Urology
Tobias Vancil , MD Internal Medicine
Darrell Over , MD Family Medicine
EDITOR EMERITUS Alfred Kahn Jr ., MD ( 1916-2013 )
ARKANSAS MEDICAL SOCIETY 2018-2019 OFFICERS
Lee Archer , MD , Little Rock President
Amy Cahill , MD , Pine Bluff Immediate Past President
Dennis Yelvington , MD , Stuttgart President Elect
Chad Rodgers , MD , Little Rock Vice President
George Conner , MD , Forrest City Secretary
Bradley Bibb , MD , Jonesboro Treasurer
Eugene Shelby , MD , Hot Springs Speaker of the House of Delegates
Jim Ingram , MD , Little Rock Vice Speaker of the House of Delegates
Danny Wilkerson , MD , Little Rock Chairman of the Board of Trustees
78 • THE JOURNAL OF THE ARKANSAS MEDICAL SOCIETY VOLUME 115