Wednesday, August 27, 2003
Early Voting Starts On Texas Amendments
Locations are here.
League of Women Voters Guides are PDF files here.
Vote No on Prop 12.
It gives the responsibility to the legislature to determine maximum non-economic damages in all trials, not just medical trials. That is the "all other" clause in the wording.
Right now they have set the maximum award for death, pain, disfigurement, sorrow, grief, anger, - all non-economic damages- at $250,000.
What is your child's or mother's or non-working spouse's life worth? What is being giving the wrong drug and being paralyzed in constant pain and disfigured for the rest of her life worth to a small girl?
No matter the cause or the outrageousness of the action or the amount of pain or disfigurement - $250,000 plus any economic damages her lawyer can prove.
The insurance companies have persuaded doctors to lobby for this, arguing this will lower malpractice rates. States that have adopted similar measures have still seen rising rates. Rates are based on investment results and overall insurance company expenses more than large rewards. States that have taken other regulatory actions have seen lower rates.
This will apply to all cases later but for the first two years medical related only.
If in doubt vote no on other amendments. Many are worded very badly. With the GOP in power it is a rare beneficial bill coming out.