Your Opinion: Response to Kehoe on "tort reform'

Dear Editor:

Tort reform is a catchy label put on the process of taking away your constitutional rights by the U.S. Chamber of Commerce and the insurance industry in order to further their agenda - increased profits - no matter the cost to the citizens of this state and country. These entities have a constant, overwhelming presence in the halls of the Capitol, and the bills being proposed reflect their influence.

There is no "Association of Future Victims" to counter that influence. Mr. Kehoe states that attorneys who stand up for and represent people killed or wounded are "unscrupulous"; if representing people hurt through no fault of their own makes me unscrupulous, I plead guilty.

Kehoe's statements that the tort system is "destroying doctors practices" and they are "fleeing the state" have no basis whatsoever in facts. Check the Board of Healing Arts website. "Damage caps will result in lower premiums"? Not historically. Reality? Record profits for medical malpractice insurers. See the Department of Insurance website. Caps will "improve the quality of health care"? How? Recent studies show that not only does the quality of care go down, the cost of care goes up.

Kehoe says the system is "currently set against doctors and small businesses." How? Suit has to be brought in their home town. To sue a doctor, an attorney has to have a written opinion from a doctor that malpractice was committed and caused damage, or the suit is dismissed.

Juries are anything but biased against doctors and small businesses. I don't think Kehoe has been in many courtrooms lately. A "successful business owner" sued repeatedly "simply because his company's products are quality-built and last for decades"? If he is "successful," he must be smart enough to buy insurance, which pays his legal fees and any judgment.

When damage caps are in place, it prevents a full recovery of all damages for the injured person. Who pays for that? We all do through public assistance programs, while the most well-heeled of society go on enjoying their wealth. If the people of this great state can be trusted to vote to put a criminal to death, and can be trusted to vote for politicians, can't they be trusted to "vote" for full and fair damages without the Legislature meddling in that process, while stealing the constitutional rights of all of us to the benefit of the few?

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