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Elections Matter
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In a
related sense, a key to success was the development and
maintenance of general public support in favor of tort
reform. This support was built gradually and reached a
peak during the 2004 session.
(KRC:
WTTW, The Development of Public Support in General, page
16)
The
Development of Public Support
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A
related part of developing and maintaining public
support was the crafting of the message.
(KRC:
WTTW, The Development of Public Support in General, page
16)
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Just
as the public can understand the basic unfairness of
joint and several as opposed to several liability, when
it is explained to them in plain English, the public can
also understand how an unpredictable and unfair legal
system can hurt the availability of healthcare and jobs
and can impact a state’s economic future.
(KRC:
WTTW, The Development of Public Support in General, page
16)
Using the Doctors as the Tip of the Spear
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Though hotly denied by the plaintiffs bar, doctors
themselves said and felt lawsuit abuse was driving their
insurance rates up so high they had no choice but to
quit medicine or leave Mississippi.
(KRC:
WTTW, Using the Doctors as the Tip of the Spear, page
17)
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Because healthcare is so important in people’s lives,
doctors became the “tip of the spear” in the tort reform
fight. If there was a press conference, we always tried
to have a number of doctors in their “white coats”
there.
(KRC:
WTTW, Using the Doctors as the Tip of the Spear, page
17)
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What
is also true, however, is that the medical crisis
provided an opportunity to use doctors as a catalyst to
jumpstart the broader issue for all Mississippians.
(KRC:
WTTW, Using the Doctors as the Tip of the Spear, page
17)
United We Stand
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Maintaining a unified front of the various groups supporting
tort reform behind the consensus package was essential to
success. Achieving and maintaining such unity, however, was
easier said than done. As an example, some business groups
were willing to sacrifice damage caps in order to have venue
reforms. Others suggested other trade-offs. Then there is
also the challenge of a business group that wants more than
is politically feasible, and they threaten to “walk away”
unless the bill is further strengthened. Whenever this type
of horse-trading starts among pro-tort reform advocates, the
result is usually that the opposition can win the war by
giving in on some minor points to divide the general
effort.
(KRC:
WTTW, United We Stand, page 17)
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To
achieve and maintain unity, the key in Mississippi was
strong political leadership in the State Senate. On high
profile issues, elected officials have the greatest personal
risk if failure results due to either overreaching or not
being aggressive enough. The leadership of the State Senate
accepted this responsibility and made it clear to both the
business and medical communities that the goal was
comprehensive tort reform, that anything short of such
comprehensive tort reform would not be satisfactory, and
that nothing was worse than a watered down bill that
satisfied some groups at the expense of others.
(KRC:
WTTW, United We Stand, page 18)
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In
2002, the Governor initially limited the special session to
tort reform medical/health related actions only, with no
promise of expanding it. The very real fear existed that
medical reform would pass, and then there would not be
enough pressure on the Governor to compel him to expand the
special session to consider tort reform for general
business. In response to the Governor’s limited call, the
Senate reacted by amending the Governor’s bill to include
all legal actions, not just medical/healthcare actions. The
Senate argued that the amendments were germane, and thus
disallowed, despite the limited nature of the Governor’s
call. The House leadership, who opposed tort reform,
asserted that the legislature did not have the authority
under the call to consider non-medical actions. The Senate
eventually lost on this issue, but not before the
disagreement stalled the special session for several days,
with the taxpayers picking up the bill for the stalemate.
Because of the resulting stalemate and media attention, the
Governor, who was trying to avoid saying he did not support
general tort reform, was pressured to publicly and
unequivocally state he would expand the call to include all
legal actions after the legislature addressed the medical
liability issues (which the Governor claimed to be the real
crisis).
(KRC: WTTW,
United We Stand, page 18)
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