Even at the last minute, legislative proponents of tort reform were having to face down the opposition. But after the resolution of a last-minute roadblock in the House Wednesday, it's finally safe to say the battle has been won. The changes in the law will go a long way toward more fairness in the legal system that will be felt primarily by the state's business interests and its medical profession.

While some consider it nothing short of a miracle that contentious tort reform is about to be signed into law with the legislative session only half over, Cam Crawford, executive director of South Carolinians for Tort Reform, noted that it's a victory that's really been two and a half years in the making. Tort reform has been on the agenda for that long. Last year, it died in the Senate after passage by the House early in that session.

This year, reformers employed a different strategy, dividing the reform package into two parts: general tort reform and medical malpractice. There is no question that a change in the Senate rules that provides a reasonable remedy for the gridlock of the past played a major role in the relatively speedy compromise in that body on such previously volatile issues as malpractice financial caps. The compromise set a $350,000 cap on non-economic damages for a total of three caregivers, setting the potential maximum at just over $1 million. There is no limit on the compensation for actual damages.

The general tort reform bill was pushed primarily by business interests who contended that the state's laws were putting South Carolina at a competitive disadvantage in attracting industry. They argued convincingly about the need to tighten laws that allow judge-and-jury shopping by plaintiffs' attorneys. The statute of limitations on suing contractors also was reduced from 13 to eight years, bringing South Carolina more in line with surrounding states. Of prime importance was a new limitation on the so-called "deep pockets" provision that previously allowed plaintiffs to collect 100 percent of the damages for a defendant who might be no more than 2 percent liable. The new rule would require that a defendant be more than 50 percent liable before being subject to paying all of the damages. Tougher sanctions against frivolous lawsuits also are a part of the general tort reform package.

The general tort legislation was ratified on Thursday and now is sitting on the governor's desk. While the medical malpractice bill is wrapped up, it won't reach the governor until after Easter. The latter bill was amended in the Senate Thursday as part of an agreement to resolve a question raised in the House Wednesday that threatened to delay general tort reform for weeks.

A compromise was reached after House Speaker David Wilkins took a strong stance on the delaying tactic, warning that no one was going home until a settlement was reached. As it turned out, proponents agreed the safest way to resolve the general tort reform problem was through an amendment of a related provision in the Senate medical malpractice bill. The House will ratify the Senate amendment when it returns from a week's holiday.

Tort reform advocate Crawford praised both Speaker Wilkins and Senate President Pro Tempore Glenn McConnell for "showing a lot of leadership" on the measures, along with gratitude for the governor's strong support. Sen. McConnell said he felt the bodies had done their best to protect all sides' rights and interests while trying to ensure "affordable, accessible health care" and competition "in the economic world."

The back-patting is well deserved and should include the concession, however grudging, by many former opponents that tort reform's time had finally come.