American Justice Partnership

Opinions/Editorials on the Case for Legal Reform

 
 

 

An Opportunity in Oklahoma

 

by Sherman Joyce

President

American Tort Reform Association

 

March 27, 2005 As it appeared in The Oklahoman

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.
 

Contributor:    

Sherman "Tiger" Joyce

President

American Tort Reform Association
1101 Connecticut Ave., NW, #400
Washington, DC 20036
202-682-1163
www.atra.org
 

 

 

 

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