Tort reform adopted, despite GOP worries

In their rush to limit settlement amounts in medical malpractice suits, several state Senate Republicans swallowed a poison pill Monday, voting to adopt a “tort reform” bill that some lawmakers admit was deeply flawed and could come back to haunt the GOP.

“That’ll bite y’all,” Sen. Seth Harp, R-Columbus, warned a celebrating lobbyist moments after the adjournment of the day’s session, during which a reversal of votes pushed the tort reform bill through 38-15. The measure, which had failed in the Senate by a single vote the previous Thursday, was reconsidered after a weekend of intense arm-twisting by the Republican leadership.

The Senate bill, as amended by the House last week in an equally narrow vote, places a cap of $350,000 on jury awards for pain and suffering, and makes it difficult for patients to recover damages for botched emergency-room procedures.

Harp was among those who, despite reservations, changed their votes. He did so, he says, because there wasn’t enough support for a more reasonable version of the bill. Harp is among those hoping the House will produce a less draconian version of the Senate bill.

One of the least-discussed provisions of the bill would do away with “joint and several liability.” Also known as the “deep-pocket rule,” it allows injured plaintiffs to recover damages from the co-defendant with the most money, often a large corporation.

“This is enormously important,” says Emory law professor Frank Vandall, who specializes in torts and product liability. “Getting rid of joint and several liability protects big insurance and manufacturers by eliminating their liability for defective products.

“This change in the law puts us all at risk, because if you suffer serious injury, your chances of recovering damages are greatly reduced,” Vandall says.

The bill now goes to Gov. Sonny Perdue to be signed into law. After that, drive carefully.??






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