The debate in the state Legislation about whether to impose caps
on jury awards pits plaintiffs' lawyers against doctors and business
groups.
A special 10-member House committee has been meeting since August
on the issue and plans to write recommendations before the
Legislature reconvenes in January.
South Carolina First, a coalition of state medical and business
groups, supported a bill introduced this year that would cap
punitive and noneconomic "pain-and-suffering" damages at
$250,000.
"When you have outrageous awards, that cost is passed on to
everybody else," Cam Crawford, South Carolina First's director, said
Tuesday.
Dr. Boyce Tollison of Easley, president of the S.C. Medical
Association, said skyrocketing medical malpractice insurance rates
are forcing certain specialists, such as obstetricians, out of
business and causing other doctors to quit performing high-risk
procedures.
Columbia lawyer Luther Battiste, president of the S.C. Trial
Lawyers Association, and Columbia lawyer Ken Suggs, vice president
of the Association of Trial Lawyers of America, say punitive awards
are necessary.
"If you don't have consequences for behavior that is
reprehensible, then the public will not be protected," Battiste
said.
Contrary to critics' claims, punitive awards are uncommon in
state lawsuits, the lawyers said.