“Tort Reform 2.0” Under Formation

Walter Jones of the Morris News Service tweets the following from the Augusta Chronicle:

The latest proposal calls for establishment of a no-fault patient compensation system similar to state workers’ compensation plans.

A century ago, Wisconsin enacted the first state workers’ compensation law when employers agreed to pay medical bills and wages without a court finding them at fault and workers agreed to give up their right to file suit. Employers were required to purchase insurance to guarantee the payouts.

Such a tradeoff in the medical arena would require doctors and hospitals to compensate victims without going to court, and patients would give up the right to pain-and-suffering awards. Their compensation would be granted by an independent panel based on national standards for specific injuries.

In addition to the debate on the issue itself is whether or not a constitutional amendment is required to make such a change.  Kelly McCutcheon of the Georgia Public Policy Foundation says no, but that appears to remain in the realm of opinion for the moment.  Morris states that no legislator has currently stepped up to offer such a bill, but hints that the Governor may be ready to support such a measure.


  1. barstool69 says:

    “A fast, inexpensive system that patients could use without having to hire a lawyer is the answer, according to McCutcheon.”

    Because there’s no legal industry surrounding the worker’s compensation system?

  2. Ken says:

    No. We love the right to take a civil matter to a jury trial. We just want “Wheel of Fortune” as a TV game show, not as a courtroom slot machine.

    • MouthoftheSouth says:

      This proposal ends the right to take medmal cases to juries though. And it relies on a “study” that is actually an opt-in poll!

      What they (the people behind this proposal) really want is unrepresented plaintiffs and a damages cap.

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