Medical tort reform backers get AG’s OK

Arkansas Attorney General Leslie Rutledge has approved the popular name and ballot title for a proposed constitutional amendment that would direct the Legislature to set a cap of at least $250,000 for non-economic damages in medical lawsuits and would limit trial lawyer contingency fees at 33 1/3 percent after expenses.

The amendment would alter Amendment 80, which authorizes the Supreme Court to regulate legal pleadings, practices, and procedures, by allowing the Legislature to limit contingency fees.

It does not limit compensatory or punitive damages and does not apply to workers compensation cases. After the cap is set, it may be changed with a two-thirds vote of both the House and Senate. The Supreme Court would adjust the cap every two years to account for inflation or deflation. It would take effect Jan. 1, 2017.

Backers must collect 84,859 valid signatures to qualify for the ballot.

Supporters of the Amendment to Limit Attorney Contingency Fees and Non-Economic Damages in Medical Lawsuits say it will reduce “defensive medicine.”

In a press release, Chase Dugger, executive director of the ballot committee, said, “This measure, if approved by the people, will encourage the practice of medicine in Arkansas. It will ensure that medical professionals are able to focus on patient care at a lower cost to the patient and without having to worry about the unreasonable threat of nearly limitless liability for the work they do every day. It will head off conflicts of interest between attorneys and clients by ensuring that the lion’s share of any medical-injury recovery will go to injured parties, not to pay legal bills.”

Dugger said the effort is still putting together its list of supporters, but it does include medical providers. He said the effort will have enough financial support to qualify for the ballot and run a campaign.

According to the American Tort Reform Association, 30 states have enacted some type of non-economic damage reforms.