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Article published Oct 14, 2004
Sanford visits SRMC to pitch tort reform
ROBERT W. DALTON
Staff Writer
Gov. Mark Sanford said
Wednesday that he wants juries in civil cases to be able to decide whether
accident victims who fail to wear seat belts play a role in their injury.One day
after unveiling his "Contract for Change" -- his agenda for the next legislative
session -- Sanford visited Spartanburg Regional Medical Center to detail the
tort reform aspect of his plan. His agenda also includes income tax relief,
government restructuring, educational choice and updating Senate rules.A host of
state and local officials joined Sanford at Tuesday's news conference, as did
several SRMC physicians and staff members.Sanford said he has stayed out of the
tort reform battle in the Legislature for the past two years. But he said he has
taken notice as more than 20 states enacted reforms over the past three
years."If we're going to attract jobs and be competitive, we have to keep up
with what other states are doing," Sanford said.The U.S. Chamber Institute ranks
South Carolina's tort liability system the ninth worst in the nation. That
spells trouble for small businesses as well as the medical community, Sanford
said.Sanford said medical malpractice premiums for OB-GYNs jumped from about
$10,000 in 1999 to more than $47,000 in 2004."That impacts accessibility and it
impactscost," Sanford said.He said it also forces physicians to practice
defensive medicine while keeping an eye on the legal system.Sanford's tort
reform proposal would:• Cap non-economic damages at $300,000.• Cap punitive
damages at three times actual damages.• Create "fair share" liability, making
each defendant liable only for the damages caused.• Eliminate venue shopping by
limiting the venue of a case to where an accident occurred, the home of the
defendant or the home of the plaintiff.• Allow evidence of a plaintiff's failure
to wear a seat belt into trial to show contributory negligence.Sanford said that
allowing seat-belt evidence would be a greater incentive for people to buckle up
than would making failure to wear a seat belt a primary offense."What's going to
impact behavior more significantly, a $25 fine or the possibility of being held
liable in an auto accident and losing hundreds of thousands of dollars in fees?"
he said.Charles Townson, SRMC's chief operating officer, said the proposal would
provide much needed relief for the medical community. He said conditions had
worsened over the years and some communities are without doctors because they
couldn't afford to stay.State House Speaker Pro Tem Doug Smith, R-Spartanburg,
who sponsored a medical malpractice overhaul last session, said Sanford's
proposal would be a "slam dunk" in the House."It's vitally important," Smith
said. "There's not a day that goes by that a doctor doesn't ask me when we're
going to get this passed."State Sen. Glenn Reese, D-Boiling Springs, said he
also is on board."I think the time has come, and (tort reform) is going to
happen on the state level and nationally," Reese said. "I think the legal
community understands that and will get involved.State Sen. John Hawkins,
R-Spartanburg, an attorney who recently filed a class-action lawsuit against
SRMC saying it charged uninsured patients more than it charged those with
insurance, didn't attend the news conference. Hawkins said he received late
notice and was unable to change his schedule.Hawkins said he would favor a
compromise that is fair to lawyers, doctors, business owners and plaintiffs."The
one thing I don't want is to be part of something that's drastic or would work
undue injustice on a large number of people," he said. "But if we can get
everyone to the table and come up with something that is fair, I would support
that."Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.