Prop 12 In Detail - Vote No

This is not a bill to limit punitive damages, this bill limits all
non-economic damages. Punitive damages in Texas were recently changed to
a maximum of triple other damages. This amendment will also
apply to non-medical cases after the first year.

If a child dies or a retired person or a person not working for any
reason dies there is no economic damage besides funeral costs. Life
is therefore given a maximum value of $250,000.

Permanent disfigurement is given a maximum value of $250,000 unless
you can produce evidence of economic harm.

Mistakenly removing an organ or limb - $250,000. Which reminds me of
the Dallas case last week where the doctors mistakenly removed a penis
from someone who went in for a bladder operation. Only if you use the
limb at work and can prove the loss will lead to lower pay is there
economic damage.

Pain and suffering are non-economic damages. The record pain and
suffering damages rewarded were in the Apollo 1 fire, trapped and
burning to death for over a minute. Permanent pain and intense pain
are given the same cap.

States that have limited non-economic damages in this way have not
seen malpractice insurance rates go down. To get malpractice rates to
go down you need to strengthen the procedures for removing incompetent
doctors and better regulation of insurance companies. Recently I read
that they finally suspended a Houston/Pasadena doctor's license under
a new get tough policy. This was after 78 cases were filed against
the doctor over 20 years. He is only "suspended" and will appeal.

Perversely, this $250,000 cap makes it better to kill someone than to
cripple someone where they will have ongoing medical costs.

This cap removes the bargaining and judgment that a jury normally goes
through and replaces it for all cases with the judgment of the idiots
in Austin extracting re-election money from groups. Note - after the
first year if groups organize and chip in they can persuade
legislators to raise or lower the cap. The amendment doesn't set a
cap - it allows the legislature to set a cap. The cap they have set
now is $250,000 per doctor or organization to a maximum of $750,000.

State Hospitals already have the $250,000 cap. Patients who have had
loved die because of possible negligence have found they cannot sue, no
lawyer will take their case. Under Prop 12, any large institution could not
be sued because they can drive up court costs so much a private attorney
cannot make money with the $250,000 cap.