Senate committee passes tort reform bill to limit medical damages paid to injured plaintiffs
After a more than three-hour long hearing that included emotional testimony from the public, the
In and of itself, House Bill 1204 seems simple. The proposed legislation seeks to limit damages a plaintiff can receive for medical bills to only the amount paid by an insurance company, or to "only those costs actually paid by or on behalf of the plaintiff that remain unpaid and for which the plaintiff or any third party is legally responsible."
Its sponsors, which include more than 40 senators and representatives, say its intent is to prevent plaintiffs in personal injury suits from profiting off of excessive insurance payouts and that it will lower insurance premiums. Proponents of tort reform say reining in excessive damage awards from personal injury lawsuits is pro-business and will promote economic growth.
The legislation would not prevent individuals from seeking other types of damages, such as lost wages, damage to property or non-economic damages, like past and future pain and suffering, sponsors say. Opponents argue it would force victims to spend more on lawyers and spend more time in court to claim other damages that are not medically related.
"The language of this bill is simple and it's clear," Sen.
Similar legislation has been adopted in more than two dozen states, according to
The
In theory, this is what the tort reform proposal would do: If someone is hit by a car and has medical bills totaling
"The medical side of the damages should be limited to what the actual payments were, limited to what was actually agreed upon as full and final payment," Rep.
But opponents say the bill could have many unforeseen consequences, such as unfairly punishing those who have paid for insurance plans while benefitting those who have not.
If a plaintiff were uninsured, for example, and incurred tens of thousands of dollars in medical bills, that individual would seemingly receive a higher amount in damages than an individual with bills paid by an insurance provider.
If the legislation passes, "it would be a disincentive to get health insurance," Sen.
Some attorneys also said the bill could impact civil cases involving victims of sexual assault or human trafficking.
The bill's sponsors could not provide any data from other states that the bill would lower insurance rates for Arkansans. "This body passes laws all the time with the desire for impact," Allen, the
It is unclear whether a jury in a personal injury case would know the total amount of medical bills or the amount an insurance company paid, which could impact a plaintiff's ability to collect other damages, Hoggard said. A jury might interpret a lower hospital bill to mean a car accident or work injury is not as serious as it is, she said.
"I can see clearly who gets hurt by this bill," Hoggard said. "It goes into the pockets of the insurance company. What do we get in exchange? We do not get anything."
There are two purposes to the "remedy of tort," Hoggard said. "To make the victim whole and as a deterrent effect. The wrongdoer is held to accountability and others see what happened and know to change their behaviors."
Reducing the overall financial recovery for victims reduces the deterrent effect, Hoggard said.
"I am here because I want to help you see past the lobbyists, and the talking points, of the real-life results of this legislation," Wyatt said. "All I heard this morning is that it would benefit doctors, hospitals and insurance companies but it would cause me to go to court many times over."
The insurance provider of the individual responsible for the collision only paid Wyatt damages of
If this bill were to pass, Wyatt said, a person in her situation would have an even harder time getting compensation.
"I have ongoing expenses and will for the rest of my life," Wyatt said, at times fighting back tears or having to pause from physical weakness. "This bill punishes victims over and over again. The law is now hard enough on victims. This change truly hurts them even more."
New Yorkers fought health insurance denials 32K times in 2023. See if complaints work
U.S. Capital Wealth Advisors LLC Takes $609,000 Position in Shopify Inc. (NYSE:SHOP)
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News