As a local attorney familiar with the issues surrounding the current debate on tort reform, I would like to offer a different perspective on last Sunday's editorial about those measures dying in the Mississippi Legislature.

As a starting point, I want to emphasize that "tort reform" is a misnomer designed to put a prettier face on the real objective: limiting the rights of injured Mississippians. To sell this concept, supporters of the plan are concocting two myths that they are seeking, with the help of the media, to spread as truth.

The first myth is contained in your headline: "Mississippi will retain its title as the Tort Capital of the United States." A few statistics from independent sources show that this sentiment, as well as the claims of our state being a "mecca for lawsuits, is misplaced propaganda created to sell the concept of limiting the rights of the injured.

Consider the following: According to Jury Verdict Research, a nationally recognized and well-respected source of jury verdict data, Mississippi's median jury award was the fifth-lowest in America last year ($15,000 vs. $50,807 for the national median).

According to that same source, punitive damages were awarded in Mississippi 25 percent less often than the national average.

According to the federal government's National Practitioners Data Bank, there were fewer malpractice claims per physician in this state than the national average, and the average malpractice payment was 15 percent less in Mississippi than across the country. Fewer lawsuits and lower payouts: Does that sound like a "lawsuit mecca"? Of course not.

The second myth is that our "plaintiff friendly tort climate" has hurt job growth and new business investment. This claim comes, ironically, as Mississippians witness the building of a huge Nissan manufacturing plant and the announcement of a new plan to develop a $500 million theme park in DeSoto County.

According to an independent study by the Whirlpool Corporation, Mississippi was named as the "best environment for business" in the nation. Combine these facts with the independent data on lawsuits and one can only conclude that we are a job mecca and not a tort mecca.

I respect that our opinions differ on the need for tort limits. However, for the sake of fairness, please don't spread these unfounded myths to bolster your position.

 

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