Courts Get Bogged Down With Unreasonable Claims
At a hearing held by the state affairs committee
, the subject of possible legislative limits on asbestos and silica litigation occurred. A freshman house member, who is also a physician, has written a senate bill. This bill is the darling of business interests who are petitioning the legislature to reduce the number of claims.
They say these cases are bogging down the entire system. Business groups believe that they are being exploited by fake victims and greedy personal injury lawyers who are in cahoots with doctors who can be bribed into giving generous X ray readings. They also believe that businesses are being stressed too much by the costs of trying to defend themselves from fraudulent claims.
Plaintiffs' attorneys counter with the assertion that legislation is unnecessary, due to alterations in the law which direct asbestos litigation to a central judicial clearinghouse. Despite these changes, many doubtful claims have still managed to appear on the court dockets, while other attorneys have begun using silica exposure as a basis for the next round of claims.
Certain business interests contend that the honest claims can be singled out from the fraudulent claims by simply requiring claimants to show proof of physical effects suffered from exposure to asbestos rather than simply producing an X-ray. The proposed bill would ask claimants to meet rigid medical standards prior to filing. They'd have an x ray, breathing test and doctor's exam.
If workers have been exposed, but can't show damage yet, they will be protected under the bill, as well. One of those protections would be to remove the application of a two year statute of limitations.
So if you have been exposed but the necessary symptoms develop well after the two year period, you will still be able to sue, no matter how many years have gone by. Second, insurance companies will no longer be allowed to deny coverage to those whose medical exams indicate potentially harmful levels of exposure to asbestos.
Many of these important safeguards are there to protect people, but some believe these medical standards are simply too strict.
The new proposal would keep the current medical standards in place to allow a worker to file suit, but allow the judge in the case the opportunity to refer the claim to verify medical validity. The effort is in trying to weed out cases which are truly fraudulent, while also safeguarding the rights of workers who have been exposed.
As one House member pointed out, if the doctors performing the tests are in fact lying, as some advocates claim, then raising the medical standards won't change anything. The bill will not be able to keep doctors from lying to a higher standard.
The state must find a way to reduce claims that do nothing more than waste the court's time so that justice can be meted out more quickly to those who truly need the court's aid.
Those whose exposure has truly resulted in harm should be able to commence litigation upon discovery of the damage. This is house bill amendment, however, one house member feels that the senate should be considering this idea as well.
by: John Chambers
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