In the early 2000s, in response to a rising call from medical professionals and their organizations, Mississippi enacted significant tort reform, including capping damage awards at $500,000.

Now, nearly 10 years later, a fascinating recent article takes a look at the consequences of that change.

Here is a link to the article:

[TORT REFORM: Caps averted liability crisis but was the price diminished accountability?][1]

Medical malpractice insurance for doctors has gone down significantly. But those savings have not been passed on to Mississippians: medical insurance premiums for consumers have not been reduced. There are many less malpractice lawsuits brought, due to the risk of such cases and the lack of victims to recover their full measure of damages in catastrophic cases.

And perhaps most important, there is a lack of accountability for medical professionals who negligently harm and kill Mississippians.

Oliver Diaz, attorney in Jackson and famously one subject in the documentary Hot Coffee, was quoted in the article. He has had to turn away victims with otherwise meritorious claims because the numbers involved in a lawsuit simply don’t pencil out.

What was sold to citizens as a response to ‘frivolous lawsuits’ is instead preventing most injured victims from getting full – or any – recovery.

Citizens in Washington should count themselves fortunate that such tort reforms bills have not been passed in our state. Those reforms that have been passed that have created barriers to victims seeking justice have nearly all been overturned by the State Supreme Court.

Victims’ rights champions, including the Washington State Association for Justice, are to thank for lobbying the State legislature against the kinds of harmful laws that are in place in states like Mississippi.

[1]: http://msbusiness.com/blog/2014/05/09/tort-reform-caps-averted-liability-crisis-price-diminished-accountability/ “TORT REFORM: Caps averted liability crisis but was the price diminished accountability?”