by Max Brantley
An Amendment to Limit Non-Economic and Punitive Damages in Civil Medical Care CasesThe meat of the amendment is in the title:
An amendment to the Arkansas Constitution providing that the Arkansas General Assembly shall enact laws which specify a maximum dollar amount award of non-economic damages in a civil action for medical injury brought against a health-care provider, as well as laws which specify a maximum ratio of punitive damages to compensatory damages in a civil action for medical injury brought against a health-care provider; defining “health-care provider,” “medical injury,” and “action for medical injury” for these purposes; providing that the General Assembly may, after these laws are enacted, amend either or both of them by a two-thirds vote of each house; and providing that this amendment does not supersede or amend the right to trial by jury.Greenberg will find plenty of money — dark and otherwise — happy to get behind this idea. Nursing homes will line up first. Petitions with 67,887 signatures of registered voters must be submitted four months before the November general election to qualify for a vote. He could resubmit the proposal with a different popular name.