Question:
I have watched your YouTube video of the presentation you gave to citizens in JOCO. On the video you mentioned you are a lawyer. As a lawyer, what is your view on tort reform? -- Cyndy

Patricia's Answer:
As we debate health care reform in our country, a critical piece that would bring immediate relief to both practicing physicians and hospitals in containing costs is the one item that Democrats have refused to discuss -- and that is tort reform.

I support meaningful tort reform that would work to stem the frivolous and junk lawsuits but yet still provide an an important avenue of redress for those patients who are truly injured or have died as a result of careless or negligent care or treatment by a hospital or a doctor.

I believe tort reform should include the following components:

1) The venue in the filing of a lawsuit by the plaintiff would only be within he jurisdiction where the alleged injury or wrongdoing occurred instead of allowing choice of venue.
2) Caps on plaintiff recovery for non-economic damages (pain and suffering), set at $350,000.
3) Punitive damages could be capped at $500,000. or 5 times the actual damages whichever is greater.

Studies have found that in states where tort reform is instituted the following occur:

1) Rates have fallen for medical malpractice insurance. (This has been confirmed by the Congressional Budget office which found that once states restricted awards through tort reform, medical liability insurance premiums dropped.
2) Recruitment for physicians are better.
3) Money that has stayed in the health care system (instead of going to pay lawsuits), provides better equipment.

It is time for this country to consider real reform to our health care that truly addresses the real root of the problem not use excuses to take over 1/6 of our nation's economy.

Patricia Lightner