Arizona Governor Doug Ducey supports efforts at imposing federal tort “reforms,” such as the proposed $250,000 cap on noneconomic damages in medical malpractice cases, despite the protections afforded by the Arizona Constitution and despite the citizens of Arizona uniformly rejecting medical malpractice tort reform proposals in the past.
Arizona Governor Ducey recently told Capitol Media Services that a limit on damages should be part of anything that becomes a replacement for the Affordable Care Act. Governor Ducey contends that some of the high cost of health care in Arizona can be blamed on high malpractice insurance premiums and awards to patients who sue. Source
Governor Ducey explained his support for proposed federal tort reforms as “allowing justice when there is wrongdoing, but not pushing doctors out of the marketplace, not making it so burdensome to practice medicine. We’ve certainly seen our (health care) costs rise in Arizona and in America. And I think part of it is how expensive the liability (insurance) and litigation has become.” Source
Governor Ducey, where is the “justice” when laws are enacted to make sure that the most seriously harmed victims of medical malpractice are not fairly and adequately compensated for their devastating losses? Governor Ducey, what is the moral and legal justification for insulating doctors who provided bad medical care from accepting full financial responsibility for their wrongdoing? Governor Ducey, what is the evidence that limiting the amount of damages recoverable by medical malpractice victims will improve the safety of medical care provided to Arizona residents?
How would a “tort reform” law that limits the amount of damages that a medical malpractice victim may recover from the health care provider who caused his/her injuries not violate the Arizona Constitution that provides: “The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation … “?
How would a “tort reform” law that limits the amount of damages that a medical malpractice victim may recover from the health care provider who caused his/her injuries not violate the Arizona Constitution that provides: “No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person … “?
How would a proposed tort reform law that anoints health care providers with special financial benefits (i.e., immunity from responsibility to medical malpractice victims for compensatory damages in excess of a set amount) not be in violation of the Arizona Constitution that provides: “No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.”?
Before espousing laws restricting the rights of Arizona residents that are guaranteed by the Arizona Constitution that would financially harm innocent victims of medical malpractice, perhaps Governor Ducey should take to heart the words spoken by John G. Roberts, Jr., Chief Justice of the United States, during his commencement speech at his son’s school on June 3, 2017: “From time to time, in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice … I wish you bad luck again, from time to time, so that you will be conscious of the roll of chance in life … I hope you will be ignored, so you know the importance of listening to others, and I hope you will have just enough pain to learn compassion.” Source
If you were injured due to medical negligence in Arizona, you should promptly find an Arizona medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you.
Turn to us when you don’t know where to turn.