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Double
standard
Much sympathy for the victims of the tsunami yet little for
the truly injured who sue in court?
Bob
Taft traveled to a small metal fabricating firm outside of
Columbus last week. His mission? The governor put his signature
on Senate Bill 80, a sweeping overhaul of the personal injury
lawsuit system in the state. Taft gushed about the measure,
arguing that ``lawsuit reform is a cornerstone of our job
creation agenda.'' He wasn't kidding.
Admittedly, the new law isn't as
troubling as originally conceived. A cornerstone of job
creation? The governor overstates the likely impact. Ask just
about any economist or corporate executive, and if they choose
to be frank, they'll acknowledge that so-called tort reform
ranks relatively low on the list of factors contributing to an
improved business climate. They will first highlight, among
other things, an updated tax code, flourishing institutions of
higher education, sound primary and secondary schools, plus a
more efficient and effective government.
We've watched with admiration the
many people who have made contributions to relief agencies
seeking to assist the victims of the tsunami that devasted so
much of South Asia, even Africa. The outpouring of generosity
has been curious in one respect. Bob Taft and his fellow
Republicans in the legislature have long crusaded for severely
limiting the jury awards for those injured through the neglect
of doctors and business operators.
Why such sympathy for one set of
victims and so little for others? If anything, President Bush
would like to outdo Taft and his colleagues. The president wants
``a hard cap of $250,000'' on jury awards for noneconomic
damages in medical malpractice lawsuits. (Ohio earlier
restricted such awards.)
On Wednesday, Bush traveled to
Madison County, Ill., a ``judicial hellhole,'' according to
advocates of limits on personal injury lawsuits. He condemned
``junk lawsuits,'' lamenting their detrimental effect on the
economy. Frivolous lawsuits hardly enjoy wide popularity. They
should be discouraged more aggressively. That shouldn't be
achieved at the expense of true victims -- setting an arbitrary
limit, casting aside the particular facts of a case.
Interestingly, a panel of experts
put together by the Bush White House advised last week that more
effective disciplining of incompetent doctors would
significantly ease the problem of medical malpractice
litigation. Yet the president said nothing about such an
approach. The travails of fine doctors are real. Addressing
their problem shouldn't involve punishing those who are already
victims.
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