Commentary: Political Rehabilitation Needed for Successful Tort Reform

Summary


There is no such thing as a perfect piece of legislation. Some will oppose a given phrase in the text, others will call the bill extreme, and some will claim the proposed law does not go far enough to satisfy their interests. Yet the people who suffer because of these conflicts are the very ones that opposing lawmakers and administrators insist they are trying to protect. Such is the case with Missouri's efforts toward tort reform.

Democratic Gov. Bob Holden vetoed legislation last week that would regulate the filing of lawsuits and judgment awards made against medical professionals and other businesses dealing with personal injury and malpractice. In a printed statement, Holden said he took this action in opposition to the Republican majority-backed bill - repeating his rejection of similar legislation last year - because it did not adequately address the cost of malpractice coverage.

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Extract


Commentary: Political Rehabilitation Needed for Successful Tort Reform

The rejected work, HB 1304, included capping noneconomic damages to $400,000. It also placed limits on trauma care claims, required affidavits of merit to be filed within 90 days after a malpractice filing and specified that all lawsuits arising as tort designation must be filed in the county where the cause of action occurred...

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