After Texas clamped down on lawsuit
abuse by enacting meaningful, comprehensive civil justice reform in 2003, The
Wall Street Journal shined a spotlight on Oklahoma. The newspaper brought to the
nation's attention a solicitation letter sent by one of Oklahoma's Senate
leaders to Texas personal-injury lawyers, inviting them to bring their cases to
Oklahoma in light of "recent events that have occurred in Texas."
As a result of this negative exposure
and as a proactive effort to help fix the states broken civil justice system,
Gov. Brad Henry announced he wanted to pass "a comprehensive tort-reform
initiative that will stamp out frivolous lawsuits and prevent abuse to make
Oklahoma's civil justice system the best in the nation." Unfortunately, what was
finally approved by the state Legislature in 2004 was substantially watered
down.
A lack of relief to the state's civil
justice system along with a well-publicized effort to solicit lawsuit abuse from
Texas to Oklahoma was enough for Oklahoma to receive a "dishonorable mention" in
the 2004 "Judicial Hellholes" report, released by the American Tort Reform
Association. Litigation tourists, guided by their personal-injury lawyer travel
agents, file their cases in Judicial Hellholes because they know they will
receive a favorable award or precedent or both. Cases that have no business in
Oklahoma will only clog the courts and delay justice for the state's citizens.
The time is ripe for Oklahoma to
bring common sense back to its courts. The state House of Representatives has
elected a speaker who is leading the charge to pass meaningful reforms that
Henry wants to sign into law. The reforms will help the state's economy and keep
doctors where their patients need them.
The House passed HB 2047 on March 9.
We commend the House for moving this important legislation forward. It is now in
the hands of the Senate, where leadership should urge prompt passage in order to
enhance access to health care and promote economic development.
States that have enacted similar
legislation are seeing positive results -- tort reform works. According to the
American Medical Association, only six states are not experiencing an
access-to-health-care crisis or moving toward one. In most states, including
Oklahoma, adverse litigation environments are forcing doctors to give up
specialty practices, leave the profession altogether or relocate to other states
with more balanced litigation systems. HB 2047 would help in Oklahoma. We're
already seeing how similar legislation is working in Texas and Mississippi.
Since Texas enacted its law in 2003, the state's largest medical liability
insurer has reduced premiums by nearly 17 percent. In Mississippi, where a law
was enacted in 2004, rates have stabilized. Lower rates will help keep doctors
where their patients need them.
In addition, both Texas and Mississippi report business returning to the state.
For example, at least three major insurers have returned to Mississippi. The
state also has attributed reforms as a tool that helped recruit four major
businesses to the state and expand several others. That means more jobs and a
better economy. In Texas, Gov. Rick Perry attributes tort reform as part of the
reason his state was named by Site Selection magazine as the 2004 "Top State in
the Nation" for securing the most job-creation announcements in the United
States.
Other states have taken notice of these successes. Last year Ohio enacted
meaningful reform. And this year, equally significant reforms have been enacted
in Georgia, Missouri and South Carolina.
Is Oklahoma next? The opportunity is now.