Posts Tagged reform
Arkansas high court rejects liability reforms
The ruling is the second in the past year to find tort reform measures unconstitutional.
By Amy Lynn Sorrel, AMNews staff. Posted May 19, 2009.
The Arkansas Supreme Court for the second time struck down portions of the state’s tort reform law, a move doctors fear could hurt future reform efforts and disrupt the medical liability climate.
Justices unanimously found unconstitutional a provision of a 2003 law that requires plaintiffs in negligence cases to present to the court evidence related to medical costs paid for by other parties — such as health insurers — as well as any unpaid expenses. The statute also requires courts to consider potential fault by parties not named in a medical liability suit and hold defendants responsible for only their share of the alleged negligence.