Brenda Pitts BennettSenators approves bill to limit lawsuits in TexasSun May 18 00:34:16 2003208.152.73.3 Senators approves bill to limit lawsuits in Texas 05/16/2003 By JIM VERTUNO / The Associated Press AUSTIN - The Senate on Friday gave its approval to legislation making sweeping changes in the way Texans pursue civil lawsuits, with protections built in for business and doctors in liability and medical malpractice cases. After more than a month of committee hearings, the four-hour Senate debate was much calmer in tone than the bitterly partisan House debate which raged for several days over the same issue in March. The Senate approved the bill 28-3. The bill is designed to limit the number of lawsuits filed by making new rules for class-action lawsuits, limits on which parties pay for damages, new protections for retailers and manufacturers and restrictions of attorneys fees. It also would cap damage awards in medical malpractice cases at $250,000 for doctors, $500,000 for hospitals and $750,000 overall in cases of multiple defendants. Supporters say the bill will make Texas a more business-friendly state and stem the rapidly rising cost of medical malpractice insurance rates facing doctors and hospitals. Only a handful of companies currently write medical malpractice policies in Texas and doctors say ultra-high costs are forcing some of them to close their practice. Medical groups say the caps will discourage people from filing frivolous claims if there is no large award to be collected. Lt. Gov. David Dewhurst, a Republican, called the bill "one of the most important pieces of legislation we have this year." Opponents said the restrictions - particularly in medical malpractice cases - will prevent people from taking legitimate grievances to court. "How can you put a value on a person's arm or leg or sight, or when they became a paraplegic or quadriplegic or upon the death of a child?" said Sen. Gonzalo Barrientos, D-Austin. "What we're doing is cutting off the courts to a lot of people in this state. This is overreaching." The bill now goes back to the House and the two chambers will likely set up a conference committee to negotiate any differences. If ultimately sent to Gov. Rick Perry and signed into law, it would be the first significant change to the state's civil liability laws since 1995. The damage caps are the biggest difference. The House bill has a hard cap of $250,000 in all cases and doctors groups say that figure is more likely to cause insurance rates to drop. Other differences include settlement offers and levels of immunity for manufacturers who comply with federal regulations. Sen. Bill Ratliff, R-Mount Pleasant, who wrote most of the Senate bill over the last month, said he thought $250,000 was too low in the most extreme cases and that $750,000 seemed a reasonable compromise. "It was a tough call," said Ratliff, who admitted he was conflicted about setting caps. "I don't pretend to be Solomon. All we can do is make the best call that we know how." The Senate also gave initial approval to a companion constitutional resolution that is a key component of the bill's overall success. Sponsored by Sen. Jane Nelson, R-Lewisville, it asks Texas voters to give the Legislature constitutional authority to set damage caps in liability cases. Supporters says its passage is vital to avoid a repeat of 1988 when the state Supreme Court struck down the $500,000 awards cap that used to be in the law. Opponents tried to fight the measure because of its Sept. 13 voting date instead of the November general election and its higher turnout. The lawsuit limitation bill is CSHB4. http://www.dallasnews.com/texassouthwest/ap/stories/AP_STATEGS_0651.html ======================Dear Media, Texas Senators, Advocates,I am the mother of a DEAD SON from medical neglect! To the thousands of advocates on my list recieving this,I need you to please help me with just five minutes for an e mail to be sent around as I do a lot in advocating and rarely ask anything in return but I need you all now. Please e mail Texas LEGISLATURE and all your media and friends list with complaints about this bill explained below in the article and thank you all again for getting involved? and Chip had an automobile accident. Our Texas senators.... Joe Nixon joe.nixon@house.stat.tx.us , Dan Gattis dan.gattis@house.state.tx.us , Jamie Capelo jame.cape10@house.state.tx.us , Will Hartnett will.hartnett@house.state.tx.us , Phil King phil.king@house.state.tx.us , Mike Krusee mike.krusee@house.state.tx.us , Patrick Rose patrick.rose@house.state.tx.us , Beverly Woolley Beverly.woolley@house.state.tx.us , Jane Nelson Jane.nelson@senate.state.tx.us , Kyle Janek Kyle.janek@senate.state.tx.us are the ones pushing for this absurd law.And Lt. Gov. of Texas is: ltgov@markgessner.com To the thousands of advocates on my list recieving this,I need you to please help me with just five minutes for an e mail to be sent around as I do a lot in advocating and rarely ask anything in return but I need you all now. Please e mail Texas LEGISLATURE and all your media and friends list with complaints about this bill explained below in the article and thank you all again for getting involved?Below is the results of the legislation regarding lawsuit caps on doctors, hospitals, and the like that has caused quite an unbelievable understanding from families such as me.I will NEVER again in my life get to see my wonderful son on this earth, and Chip was the most near perfect person that anyone in the surrounding 10 counties of people have said they have ever known and I know he was the best I have ever known. This is the most amazing law and so unfair!No amount of money is enough for the death of a child!Brenda Pitts Bennett bpb123@earthlink.net ( donations for the headstone of, "Matthew Chip Bennett" whom is buried at: RestHaven in Rockwall Texas, can be sent to:Brenda Bennett P.O. Box 55 Fate Texas 75087)
Brenda Pitts BennettSenators approves bill to limit lawsuits in TexasSun May 18 00:34:16 2003208.152.73.3 Senators approves bill to limit lawsuits in Texas 05/16/2003 By JIM VERTUNO / The Associated Press AUSTIN - The Senate on Friday gave its approval to legislation making sweeping changes in the way Texans pursue civil lawsuits, with protections built in for business and doctors in liability and medical malpractice cases. After more than a month of committee hearings, the four-hour Senate debate was much calmer in tone than the bitterly partisan House debate which raged for several days over the same issue in March. The Senate approved the bill 28-3. The bill is designed to limit the number of lawsuits filed by making new rules for class-action lawsuits, limits on which parties pay for damages, new protections for retailers and manufacturers and restrictions of attorneys fees. It also would cap damage awards in medical malpractice cases at $250,000 for doctors, $500,000 for hospitals and $750,000 overall in cases of multiple defendants. Supporters say the bill will make Texas a more business-friendly state and stem the rapidly rising cost of medical malpractice insurance rates facing doctors and hospitals. Only a handful of companies currently write medical malpractice policies in Texas and doctors say ultra-high costs are forcing some of them to close their practice. Medical groups say the caps will discourage people from filing frivolous claims if there is no large award to be collected. Lt. Gov. David Dewhurst, a Republican, called the bill "one of the most important pieces of legislation we have this year." Opponents said the restrictions - particularly in medical malpractice cases - will prevent people from taking legitimate grievances to court. "How can you put a value on a person's arm or leg or sight, or when they became a paraplegic or quadriplegic or upon the death of a child?" said Sen. Gonzalo Barrientos, D-Austin. "What we're doing is cutting off the courts to a lot of people in this state. This is overreaching." The bill now goes back to the House and the two chambers will likely set up a conference committee to negotiate any differences. If ultimately sent to Gov. Rick Perry and signed into law, it would be the first significant change to the state's civil liability laws since 1995. The damage caps are the biggest difference. The House bill has a hard cap of $250,000 in all cases and doctors groups say that figure is more likely to cause insurance rates to drop. Other differences include settlement offers and levels of immunity for manufacturers who comply with federal regulations. Sen. Bill Ratliff, R-Mount Pleasant, who wrote most of the Senate bill over the last month, said he thought $250,000 was too low in the most extreme cases and that $750,000 seemed a reasonable compromise. "It was a tough call," said Ratliff, who admitted he was conflicted about setting caps. "I don't pretend to be Solomon. All we can do is make the best call that we know how." The Senate also gave initial approval to a companion constitutional resolution that is a key component of the bill's overall success. Sponsored by Sen. Jane Nelson, R-Lewisville, it asks Texas voters to give the Legislature constitutional authority to set damage caps in liability cases. Supporters says its passage is vital to avoid a repeat of 1988 when the state Supreme Court struck down the $500,000 awards cap that used to be in the law. Opponents tried to fight the measure because of its Sept. 13 voting date instead of the November general election and its higher turnout. The lawsuit limitation bill is CSHB4. http://www.dallasnews.com/texassouthwest/ap/stories/AP_STATEGS_0651.html ======================Dear Media, Texas Senators, Advocates,I am the mother of a DEAD SON from medical neglect! To the thousands of advocates on my list recieving this,I need you to please help me with just five minutes for an e mail to be sent around as I do a lot in advocating and rarely ask anything in return but I need you all now. Please e mail Texas LEGISLATURE and all your media and friends list with complaints about this bill explained below in the article and thank you all again for getting involved? and Chip had an automobile accident. Our Texas senators.... Joe Nixon joe.nixon@house.stat.tx.us , Dan Gattis dan.gattis@house.state.tx.us , Jamie Capelo jame.cape10@house.state.tx.us , Will Hartnett will.hartnett@house.state.tx.us , Phil King phil.king@house.state.tx.us , Mike Krusee mike.krusee@house.state.tx.us , Patrick Rose patrick.rose@house.state.tx.us , Beverly Woolley Beverly.woolley@house.state.tx.us , Jane Nelson Jane.nelson@senate.state.tx.us , Kyle Janek Kyle.janek@senate.state.tx.us are the ones pushing for this absurd law.And Lt. Gov. of Texas is: ltgov@markgessner.com To the thousands of advocates on my list recieving this,I need you to please help me with just five minutes for an e mail to be sent around as I do a lot in advocating and rarely ask anything in return but I need you all now. Please e mail Texas LEGISLATURE and all your media and friends list with complaints about this bill explained below in the article and thank you all again for getting involved?Below is the results of the legislation regarding lawsuit caps on doctors, hospitals, and the like that has caused quite an unbelievable understanding from families such as me.I will NEVER again in my life get to see my wonderful son on this earth, and Chip was the most near perfect person that anyone in the surrounding 10 counties of people have said they have ever known and I know he was the best I have ever known.
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