Senate revises recommendation on lawsuit pain, suffering caps

By Staff
from staff and wire reports
Aug. 27, 2002
JACKSON State senators changed their recommendations Monday for restructuring Mississippi's civil justice system, setting up a likely debate with the House in a Sept. 5 special session.
A new Senate report released Monday says the state should set $250,000 limits on pain and suffering damage awards in all types of civil lawsuits those against businesses, doctors or others.
The amount is half of the $500,000 award senators had recommended earlier.
The House is suggesting a $500,000 limit on pain and suffering awards only in medical malpractice lawsuits. The House would allow caps to be lifted if a medical provider's wrongdoing was shown to be particularly egregious.
Sen. Dean Kirby, R-Pearl, said senators studying Mississippi's civil justice system have long wanted $250,000 caps. That's the number that business and medical groups have suggested.
Earlier agreement
Kirby said senators had agreed earlier to $500,000 caps because we were trying to work with the House, who we were told wanted $1 million (caps) originally.''
Sen. Terry Burton, D-Newton, said it makes more sense to cap pain and suffering awards in all types of civil suits instead of only in medical cases.
We just don't want individuals hurt by bad actions of a doctor to be any less capable of recovering damages than anybody hurt in any other way,'' Burton said Monday.
Neither chamber recommends capping actual damages; the caps would apply only to pain and suffering awards that are given on top of payments for medical bills or other expenses.
Gov. Ronnie Musgrove is calling lawmakers to the Capitol on Sept. 5 for their third special session this year. Musgrove wants lawmakers to approve a new spending bill for private prisons.
After that, he wants them to consider establishing an insurance pool to help doctors who need malpractice coverage. Then, he wants them to consider general changes to the civil justice system.
Some legislators and lobbyists are criticizing Musgrove for making medical malpractice insurance and civil justice changes contingent on approval of the prison funding which was defeated in a July 30 special session.
Only a governor can call a special session, and only he can set the agenda.
Rep. Greg Snowden, R-Meridian, said all three issues are important. He said that the governor seems to be holding the tort reform issues hostage at the expense of the prison issue.