How will medicine respond?
If the Supreme Court invalidates the limit on non-economic awards, it will most likely be difficult, if not impossible, for the legislature to correct any constitutional problems by passing additional laws. In that case, the only remaining option would be to seek a constitutional amendment to make it clear that the legislature has the authority to enact tort reforms. KMS Executive Director Jerry Slaughter expects a contentious fight with the trial lawyers over this issue. "We are preparing for a difficult, costly campaign to get a constitutional amendment on the ballot and approved by the voters," he said. " Though it would be very disruptive in the short run, if the law is struck down we will vigorously pursue a constitutional amendment, and use this opportunity to settle the question of whether the Legislature has the authority to enact sensible tort reforms, including the cap on non-economic damages, as well as other reforms that deserve consideration. "
