ON TORT "REFORM," CONGRESS SHOULDN'T FOLLOW TEXAS' LEAD

"Congress is considering placing federal restrictions
on an individual's ability to hold a wrongdoer
accountable. But lawmakers should stop and take a
long, hard look at what happened when similar
measures were enacted here in Texas just two years
ago. When the Legislature convened in 2003, Texans
were clamoring for an end to the insurance industry's
abusive practices. Unfortunately, the multi-million
dollar insurance and special interest lobby stymied
efforts to pass real insurance reform....After these
extreme measures passed, the special interests said
they couldn't imagine what else they could ask for.
In fact, their lead lobbyist said that House Bill 4,
the sweeping measure that limited Texans legal rights,
'accomplishes all the objectives we sought.' Now...our
state's legal system is grossly out of balance:




* Patients' ability to hold a bad doctor accountable
is restricted, even if they are injured or killed
by a physician under the influence of alcohol or drugs.


* Adults who are so reckless as to provide liquor to
minors cannot be held responsible for the
devastating cost if the child kills or is killed as
a result of being under the influence.


* Irresponsible contractors whose negligence kills or
maims a worker on a job site can shift
responsibility to the innocent employee and his or
her employer.


* Homeowners with defective homes are now forced into
a bureaucratic maze in a state agency stacked with
industry representatives.




...If these groups succeed at the federal level, you
can be assured they will be back year after year with
their hands out for even more special protections."