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Beaufort
County Republican Party
Issues & Resolutions (For 2007)
The Issue: The
tort system in South Carolina is grossly out of balance and in need of
judicial reform. Pending legislation is critically needed to reduce rising
costs for medical care and insurance for South Carolina citizens, to foster
an improved climate for economic investment and development, and to promote
a favorable climate for the pursuit of professional careers throughout
our state.
A Proposed Resolution:
Whereas, President George W. Bush has proposed legislation addressing
legal reform in the medical liability system; and
Whereas, There are no reasonable limits on the awarding of non-economic
damages within the state of South Carolina: and
Whereas, Unreasonable non-economic damage awards for medical malpractice
are grossly increasing the costs of health care threatening individual
access to quality health care: and
Whereas, Unrestricted venue limitations allow "jury shopping"
and encourage preposterous damage awards; and
Whereas, Professional practices and businesses are vulnerable to unreasonable,
frivolous, and unfair lawsuits and are forced to incur exceptionally high
insurance premiums in order to stay in business; and
Whereas, The "joint and several liability rule" as currently
practiced in South Carolina leads to grossly disproportionate damage awards
wherein those least responsible frequently end up incurring the greater
costs; and
Whereas, By South Carolina law, juries are denied full disclosure of plaintiff
collateral compensation when setting damage awards resulting in double
recoveries; and
Whereas, Many communities around the country are losing access to health
care as doctors leave their practices and move to states that have enacted
medical liability reforms and caps on non-economic damages; and
Whereas, Frivolous lawsuits cost a family of four an average of $2800.00
per year in increased costs for just about every necessity including insurance;
and
Whereas, South Carolina is currently ranked as having one of the
ten worst tort systems in the country, a fact that discourages economic
development.
IT IS THEREFORE RESOLVED that the Beaufort County Republican Party fully
supports and urges passage of the South Carolina Economic Development,
Citizens and Small Business Protection Act as set forth in House bill
3744 and Senate bill 446.
References:
Publications by "South Carolina First", An alliance for economic
development and legal reform.
Andy Brack, editor and publisher of South Carolina Statehouse Report,
article " Tort Reform Hinges on Trust, Beaufort Gazette, 3/29/04.
Walter Olson, Senior Fellow at Manhattan Institute, lecture delivered
at Hillsdale College, 11 Feb 2004, and printed in Imprimis, March 2004,
Vol 33, No. 3
South Carolina General Assembly Bill 446, 115th Session 2003-2004, www.scstatehouse.net,
Session 115, last updated 3//5/03
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