With the war in Iraq and the state of the economy dominating the political headlines, some issues facing the candidates this election year have been buried in the news cycle. One of these issues is tort reform.
Despite the lack of coverage, tort reform remains a very contentious legal and political issue, particularly in the area of medical malpractice. Supporters of tort reform favor caps on damages, saying that the cost of frivolous lawsuits and large punitive awards are passed on to consumers by high health care costs. They argue that by limiting the amount of money that can be awarded for any personal injury lawsuit, costs can be lowered and the courts would be free of absurd “get rich quick” cases.
In reality, tort reform interferes with the natural legal process and, by using arbitrary caps and ignoring the facts on a case-by-case basis, can leave some individuals in a financial crisis. Severely injured plaintiffs might not have their expenses covered even if they receive the maximum amount in damages. Tort reform can also nearly eliminate the punitive aspect of personal injury lawsuits by letting egregiously negligent parties off the hook, resulting in unsafe corporate, manufacturing, and medical practices.
Tort reform opinions tend to split down party lines with Republicans favoring reform and Democrats voting against arbitrary caps. This is largely the case this election year, though Barack Obama has had some notably pro-tort reform votes that make his position a little unclear.
A graduate of Harvard Law, Obama has received millions of dollars in donations from lawyers and would appear to be opposed to tort reform legislation. This assumption is challenged somewhat by his voting for the Class Action “Unfairness” Act, which made it harder for some cases to be filed, and a vote in favor of limiting non-economic damages in medical malpractice cases.
Though Obama’s position is slightly ambiguous, John McCain seems to be towing the party line on tort reform. His website advocates reforming medical malpractice laws and protecting hospitals from lawsuits. He has also voted numerous times to limit damage awards in personal injury suits. McCain’s one anti-tort reform vote came in his support of the Patients’ Bill of Rights.
The race for Missouri’s next governor is much more clear-cut on the issue of tort reform. Republican Kenny Hulshof is outspoken is his support of tort reform and attacked his primary opponent, Sarah Steelman, on numerous occasions for her opposition. The Democratic candidate, Missouri Attorney General Jay Nixon, is opposed to Missouri’s tort reform movement.
Whoever wins in November, the health, well-being, and legal rights of the average citizen are of the utmost importance. Hopefully our elected officials will vote in favor of helping injured Americans rather than protecting the bottom line of billion dollar corporations. It is my personal opinion that a vote for Jay Nixon is the only way for Missourians to stand up and fight against the erosion of common law and statutory rights afforded to them under the United States and Missouri Constitutions. Jay Nixon has and always will stand up and fight for the common man and woman.
