Schwartz Criticizes Henry On Lawsuit Reform
Rep. Colby Schwartz today challenged Governor Henry's claim that he supports efforts to rein in frivolous lawsuits.
“It seems Governor Henry supports reducing frivolous lawsuits until the moment an actual bill reaches his desk to do that – and then he immediately vetoes it,” said Schwartz, R-Yukon. “It’s unfortunate that the governor continues to oppose common-sense reforms that would target bogus lawsuits while preserving access to the courts for legitimate claims.”
House Bill 1570, by Schwartz, would have simply required an expert opinion confirming professional negligence before a lawsuit can be filed.
Henry vetoed the bill even though he signed similar legislation applying only to medical malpractice cases in 2004. That law was later thrown out by the state Supreme Court in 2006 because it was too narrowly tailored and applied to just one industry.
To resolve that problem, House Bill 1570 would require an expert opinion in all cases, regardless of industry.
“This legislation was clearly constitutional and would have been successful in driving down junk lawsuits based on the results of the 2004 law,” Schwartz said. “The governor knew this and still chose to side with special interests instead of working Oklahomans.”
Schwartz noted the 2004 law resulted in a significant decline in lawsuits. In 2007, officials with Oklahoma City-based Physicians Liability Insurance Company (PLICO) said the number of lawsuits filed against physicians in Oklahoma dropped roughly 40 percent after the law went into effect, according to The Journal Record.
“It seems Governor Henry supports reducing frivolous lawsuits until the moment an actual bill reaches his desk to do that – and then he immediately vetoes it,” said Schwartz, R-Yukon. “It’s unfortunate that the governor continues to oppose common-sense reforms that would target bogus lawsuits while preserving access to the courts for legitimate claims.”
House Bill 1570, by Schwartz, would have simply required an expert opinion confirming professional negligence before a lawsuit can be filed.
Henry vetoed the bill even though he signed similar legislation applying only to medical malpractice cases in 2004. That law was later thrown out by the state Supreme Court in 2006 because it was too narrowly tailored and applied to just one industry.
To resolve that problem, House Bill 1570 would require an expert opinion in all cases, regardless of industry.
“This legislation was clearly constitutional and would have been successful in driving down junk lawsuits based on the results of the 2004 law,” Schwartz said. “The governor knew this and still chose to side with special interests instead of working Oklahomans.”
Schwartz noted the 2004 law resulted in a significant decline in lawsuits. In 2007, officials with Oklahoma City-based Physicians Liability Insurance Company (PLICO) said the number of lawsuits filed against physicians in Oklahoma dropped roughly 40 percent after the law went into effect, according to The Journal Record.
Labels: Brad Henry, Colby Schwartz, Lawsuit Reform
posted by Mike McCarville @ 12:54 PM
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