Just when I think that I can’t get any more cynical about the Mississippi Legislature, they do something like stay in special session for over two weeks without finding a solution to the most important issue facing Mississippi. No one denies that Mississippi is experiencing a health-care crisis brought on by the lack of civil justice reform. Doctors are forced to pay outrageous insurance premiums because of the state’s reputation for “jackpot justice.” For example, an obstetrician (doctor who delivers babies) who has never been sued will pay $90,000 next year for malpractice insurance alone. The same doctor would pay $18,000 in Arkansas. Lawmakers, trial lawyers and doctors all know that people died because doctors left Mississippi to practice in another state because doctors’ insurance premiums climbed to outrageous levels. They know that unless they do something to entice the doctors back into the Magnolia State, people will continue to die.
So why is over $200,000 spent on a special session that’s produced no solution?
There are several reasons. Bills passed both the House and Senate, but there were big differences between them, so the House and Senate went into conference. Lt. Gov. Amy Tuck appointed Sen. Bennie Turner (D-West Point) to be one of three negotiators for the Senate.
Turner’s name should be familiar to many MSU students because his law firm often advertises during “The Simpsons” in the afternoon. Turner is a trial attorney-one of the more successful ones in the state.
Turner is also chairman of the Senate Judiciary Committee. He is one of the reasons why tort reform was not brought to the Senate floor in years past-he used his power as chairman to not let it out of his committee.
Turner is adamantly opposed to tort reform. It is obvious that Turner would do whatever is necessary to maintain status quo, even if it meant letting Mississippi taxpayers foot the bill for a worthless special session. So why did Tuck appoint him to lead the Senate negotiating team?
I understand the political reason for appointing Turner to be a part of the Senate’s negotiating team. He is chairman of the Senate Judiciary Committee.
However, I don’t understand the practical reasons. Why appoint a person to a negotiating team who has a vested interest in making sure that the legislation doesn’t pass?
However, the Senate negotiators are not the only ones at fault. The House demands are ridiculous. They are holding firm to a $1 million cap on noneconomic damages. A member of the House’s negotiating team, Rep. Percy Watson (D-Hattiesburg), believes that caps may not be necessary.
Let me digress for a moment. There are two types of damages-economic and noneconomic. Economic damages cover living expenses, lost income and any other costs relating to restoring normal life to the plantiff.
Noneconomic damages are also known as punitive damages and punish the offending party by making them pay above and beyond what it would cost simply to right the wrong.
At no point during the tort reform debate has anyone on either side suggested that there should be caps placed on economic damages. All debate has focused on how much an offending party should be punished.
Many states have caps on noneconomic damages, usually at $500,000 or less. At $1 million Mississippi’s reputation for “jackpot justice” is not cured. And while some states’ Supreme Courts struck down caps on noneconomic damages for technical reasons, no other practical way exitis to bring malpractice insurance premiums back to Earth.
Senate negotiators refuse to go any higher than a cap of $700,000. Both sides claim they are at an impasse. Considering who is on the negotiating teams, is anyone surprised that a solution can’t be reached?
During this special session, it is clear which side the Legislature’s leadership is on. They shoulder most of the blame for the impasse and wasted tax dollars.
In the meantime, the Legislature avoids action on yet another controversial issue and Mississippi suffers.
Wilson Boyd is a senior economics major.