I read your editorial about tort reform bills making their way through the Mississippi legislature, and would like to offer a different perspective.

While I disagree with your conclusions that reforms are needed, I would instead like to address the statement you make: "Mississippi leads the nation in various measures and by reputation as a state disproportionately friendly to lawsuits alleging malpractice." You do your readers a disservice by perpetuating the myth that Mississippi is a "Mecca" for lawsuits. Let me offer a few examples from independent sources to show why this concept is nothing more than a falsehood repeated by those who seek justification for limiting the rights of injured persons:

• According to Jury Verdict Research, Mississippi's median jury award was the fifth lowest in America at $15,000 versus $50,807 for the national average.
• According to that same source, punitive damages are 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. (2.11 versus 2.21 claims respectively) and the average malpractice payment is 15 percent less in this state than across the country.
• And finally, that same source shows that hospitals are 75 percent less likely to report a lawsuit than the national average.

Less lawsuits and lower payouts, does that sound like a "lawsuit Mecca"? Of course not.

The second myth is that the "plaintiff friendly tort climate" has hurt job growth in the state. A brief look at the Mississippi Development Authority's official web site will tell us what the facts are about the job climate in the state:

* Mississippi led the nation in both categories (business start-ups and new jobs);

* Income growth has exceeded the national average;

* Growth in hourly wages - the highest in the nation;

And according to an independent study by the Whirlpool Corporation, Mississippi was named as the "best environment for business."

"The best," "led the nation," "exceeded the national average;" their terms describe Mississippi as a job Mecca not a tort Mecca.

I would not ask you to change your position on tort reform, but please for the sake of fairness, don't perpetuate unfounded myths to bolster your position.

Editor's note: The Wilkes & McHugh law firm is among those with a record of lawsuits filed for clients against various health care providers and institutions in Mississippi.

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