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Web posted
Monday, February 2, 2004
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Herbkersman: Long journey to tort reform
By Bill Herbkersman
Special to the Carolina Morning News
From the House
As promised, here are a few more features of the tort reform measure passed recently in the House.
Realistically, this is still something of a work in progress. There is a good probability our colleagues in the Senate will produce a tort reform bill that only shares a general outline with the House version.
There will likely be a compromise from the conference committee that will not look exactly like the House version.
Here goes.
The House proposal provides that when an action is filed alleging professional malpractice, an affidavit of an expert witness alleging at least one negligent cause of action must be submitted with the complaint.
There is also the "right to cure" that gives a contractor the right to correct a defect in the improvement to real property prior to the filing of a lawsuit. Formerly, this was only available in cases involving residential property.
There is a cap on non-economic damage as a result of negligence set at $2 million. Punitive damages are capped at a figure not to exceed nine times the amount of compensatory damages.
Trials would be in two phases. The first would determine if there was negligence and by whom and what the amount of compensation should be. The second phase would deal only with punitive damages.
The medical malpractice section of the proposal is long and complicated.
The intent is to make it less attractive to file lawsuits before exhausting a whole series of non-litigation possibilities. It also takes a run at improving the medical malpractice insurance situation by providing for a minimum level of staffing for the S.C. Board of Medical Examiners, so they might better investigate complaints against health care providers.
Along with a $300,000 cap on pain and suffering damages, the idea is something akin to attacking the problem from both ends.
Frankly, there are parts of this bill that cause me a lot of heartburn, particularly those that potentially deny injured folks their day (or year) in court.
We all recognize there is a problem here, but I'm hopeful our proposal is just the beginning of a long, probably torturous process that may result, years from now, in South Carolina being a model for rational dispute resolution. At least we've made a start.
Speaking of making a start, last week I participated in an education get-together with Gov. and Mrs. Mark Sanford. The governor is ready to try some creative thinking to get us out of our current educational woes.
We need to look at some of our neighboring states and the things they have done to improve education. We don't have a lot of specifics yet, but what is emerging is a framework or architecture for progress.
The fact is, each year we make progress but continue to fall further behind relative to our regional neighbors.
We also had a nice visit last week from the lovely Helen Harvey and daughter Helen Lafitte from Beaufort, as well as my pal Steve Tilton, up on March of Dimes business. I also had a nice chat with my neighbor, Blufftonian Wes Jones.
Call, write, e-mail or come to see us. That's why it's called the House of Representatives.
Bill Herbkersman represents District 118 in the South Carolina House of Representatives. He can be reached through his Web site at www.herbkersman.com or by telephone at 757-7900. He is assigned to the agriculture, natural resources and environmental affairs committees.
Other state lawmakers are:
Sen. Scott Richardson, R
District 46
52 North Calibogue Cay
Hilton Head Island, S.C. 29928
610 Gressette Bldg.
Columbia, SC 29202-0142
(803) 212-6040
SR1@scsenate.org
Committee assignments: banking and insurance, general, judiciary, rules and transportation.
Sen. Clementa C. Pinckney, D
District 45
P.O. Box 300
Ridgeland, S.C. 29936
613 Gressette Bldg.
Columbia, S.C. 29202
(803) 212-6056
CCP@scsenate.org
Committee assignments: agriculture and natural resources, corrections and penology, finance, medical affairs and transportation.
Rep. R. Thayer Rivers Jr., D
District 122
P.O. Box 104
Ridgeland, S.C. 29936
532D Blatt Bldg.
Columbia, S.C. 29211
(803) 734-3073
Committee assignment: judiciary.
Rep. JoAnne Gilham, R
District 123
21 Dune Lane
Hilton Head Island, S.C. 29928
326C Blatt Bldg.
Columbia, S.C. 29211-1867
(803) 734-2977
JG@scstatehouse.net
Committee assignment: education and public works and rules.
Rep. Catherine Ceips, R
District 124
1207 Bay St.
Beaufort, S.C. 29902
326A Blatt Bldg.
Columbia, S.C. 29211
(803) 734-3261
ceipsc@scstatehouse.net
Committee assignments: medical, military, public and municipal affairs.
Rep. Walter P. Lloyd, D
District 121
102 Rearden Lane
Walterboro, S.C. 29488
(home) 549-5026
(fax) 549-1281
(office) 549-7586
434C Blatt Bldg.
Columbia, S.C. 29211
(803) 549-5026
WPL@scstatehouse.net
Committee assignments: education and public works.
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