Mississippi Gov. Signs A Tort Reform Measure
NU Online News Service, Dec. 04, 3:34 p.m. EST?A Mississippi measure putting restrictions on medical malpractice actions and other lawsuits was signed into law yesterday by Governor Ronnie Musgrove in a ceremony at the State Capitol in Jackson.
The bill H.B. 19, passed by the state legislature on November 26, deals primarily with medical lawsuit issues and is seen by insurers in the state as a major step toward addressing Mississippi's insurance problems.
"There were a lot of people who didn't think civil justice reform could, or would, ever be signed into law by a Mississippi governor," Gov. Musgrove said at the signing ceremony.
"The call to the legislature was clear. My position on the need for fair and balanced reform was also clear," said the Governor, who called a special session to address medical malpractice reform earlier this year. "I started this special session with a call for serious debate on civil justice reform, and a promise to sign a bill that would accomplish meaningful reforms."
State Sen. Dean Kirby, R-Pearl, chairman of the Senate Insurance Committee, who introduced the first version of the bill earlier this year, noted that the aim of the measure is to aid the state's economy and make insurance available and affordable to businesses in the state.
"We had doctors here in Mississippi who were leaving and going to other states because they were afraid of medical malpractice lawsuits. Doctors had real problems purchasing insurance because of the state's reputation as a lawsuit Mecca and a jackpot for trial lawyers," Mr. Kirby said.
Supporters of the bill have noted that trial lawyers, exploiting a system that permits them to shop for friendly courts, have filed a huge amount of lawsuits in Mississippi where juries have gained a reputation for their generous awards. The new bill addresses this issue by limiting venue shopping and capping non-economic damages.
Joe Annotti, vice president of public affairs at the National Association of Independent Insurers in Des Plaines, Ill., observed that Gov. Musgrove clearly knew how acute the insurance problems were, and that as the chief executive of his state, he had to consider their impact on Mississippi's economy.
"We are glad the Governor shares the view of the legislator that tort reform is necessary in Mississippi. Now, it's important that the state implements this new law, and hopefully adds more reforms beyond medical liability sector in the future," Mr. Annotti said.
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.
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