Arkansas Supreme Court considers merits of tort reform law
UPDATE: January 25, 2012
Arkansas: The Arkansas Supreme Court again chipped away at the state's Civil Justice Reform Act of 2003 last week. The court ruled that the Arkansas State Legislature exceeded its authority by setting court procedures. Since the case was dismissed in the Twelfth Circuit based on the testimony of a doctor with a different specialty, the high court sent the case back to the circuit court. The ruling of the Supreme Court was unanimous.[1]
January 13. 2012
Arkansas: Nine years ago, the Arkansas Legislature passed the Civil Justice Reform Act of 2003. Since then, separate rulings in the Arkansas Supreme Court have eliminated three major provisions of the law, finding that the legislature exceeded its authority in enacting those parts. Now, a civil lawsuit challenges another provision.[2]
A woman accidentally burned during a medical procedure claims that the attending doctors were negligent in her care following the accident. During the trial in Twelfth Circuit, Judge Stephen Tabor dismissed the case since the doctor testifying on the woman's behalf was not in the same field as the doctors who treated her. Her lawyers are disputing that aspect of the law at the appellate level now, on the same grounds as the other disputed provisions. In response, the lawyer for the doctors says that the issue is not a procedural matter, so the legislature did not exceed its authority.[2]
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