Miss. Legislature Passes Tort Reform Bill

By Michael Ha

NU Online News Service, Nov. 27, 1:00 p.m. EST--The Mississippi House and Senate have passed tort reform legislation that deals primarily with medical lawsuit issues, which insurers in the state say is a major step toward addressing the state's insurance problems.

The bill, H.B. 19, currently awaits the signature of Gov. Ronnie Musgrove (R).

"Insurance companies will now know that Mississippi understands the problems we have with the civil justice in the state," said Dean Kirby, Mississippi state senator and chairman of the Senate Insurance Committee, who introduced the first version of the bill earlier this year.

Though the issue is complex, "the bottom line is that we want to promote the economy and make insurance available and affordable" to businesses in the state, he said.

Mr. Kirby added that the intent was "never to deny people the right to go to court," however, "extravagant jury verdicts" are a concern.

"We understand that insurance companies are not non-profit organizations and that we have to work with them," he said.

While the availability of "proper medical care" is important, he said, "we had doctors here in Mississippi who were leaving and going to other states because they were afraid of medical malpractice lawsuits"

Mr. Kirby noted that doctors had real problems purchasing insurance because of the state's reputation as a "lawsuit Mecca and a jackpot for trial lawyers."

Joe Annotti, vice president of public affairs at the National Association of Independent Insurers, also applauded the new legislation.

"We certainly think it's a positive development," he said. "Mississippi has long been known as a trial lawyers' dream. There is a huge number of suits that are filed in the state, and trial lawyers have been taking advantage of the current laws that allow them to shop for friendly courts."

The bill, he said, which limits venue shopping and caps non-economic damages, "will put an end to most of these abuses and hopefully improve the judicial environment and insurance market in Mississippi."

He noted that the next step for Mississippi would be to introduce other tort reform bills beyond medical liability issues.

"That would be the most significant step," he said. "If the law is going to prevent venue shopping in medical lawsuits, then the same prohibition should be in place for other suits as well," he said.

Mr. Annotti continued, "The American judicial system guarantees the right to a trial by a jury of your peers, not by the jury who will most likely reward millions of dollars in damages."

It's possible that lawmakers in Mississippi "will look at other areas in tort reform in 2003 since they are aware of these issues in medical lawsuits," he surmised.

The main provisions of H.B. 19 are that the bill:

? Revises and limits the venue in civil actions.

? Sets limitations on awards for non-economic damages in lawsuits against paramedics.

? Limits liability of a property owner for criminal acts by third parties.

? Specifies the state's sole authority to bring an action against firearms or ammunition manufacturers.

? Protects pharmacists and licensed pharmacies from liability in certain drug lawsuits.

? Caps punitive damages with an upper limit of $20 million.

Special Reports /

Miss. Legislature Passes Tort Reform Bill

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