HOUSE OF REPRESENTATIVES	H.C.R. NO.	220
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

requesting a study of monetary awards in tort cases in hawaii within the previous five years.

     WHEREAS, the issue of tort reform in Hawaii and across the nation has gained particular prominence in recent years; and

     WHEREAS, the issue of tort reform is now commonly viewed in relation to insurance rates for medical malpractice insurance; and

     WHEREAS, segments of our community--particularly the medical community--have claimed--and the news media have widely reported the claims--that the high cost of medical malpractice insurance is responsible for causing many physicians and surgeons to leave Hawaii and dissuading many others from deciding even to practice here; and

     WHEREAS, other parts of our community--especially the legal community--have asserted that it is difficult and unwise to impose an arbitrary limit on the amount of non-economic damages that may be awarded to compensate individuals who have been injured tortiously; and

     WHEREAS, other reasons for the alleged shortage of physicians and surgeons statewide and nationally have been raised, including the insufficiency of reimbursements from:

(1)  The federal government for the treatment of Medicare patients; and

(2)  Private health insurance providers;

and

     WHEREAS, tort reform is a complex, major issue that requires additional careful and thorough study before the Legislature takes further action; and

     WHEREAS, one method of examining the issue of tort reform in greater depth is to review the number of cases in Hawaii that resulted in monetary awards to plaintiffs of:

(1)  Less than $500,000;

(2)  At least $500,000 but less than $1,000,000;

(3)  At least $1,000,000 but less than $5,000,000; and

(4)  $5,000,000 or more,

within the past five years; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Legislative Reference Bureau (LRB) is requested to review the number of tort cases in Hawaii that resulted in monetary awards to plaintiffs of:

(1)  Less than $500,000;

(2)  At least $500,000 but less than $1,000,000;

(3)  At least $1,000,000 but less than $5,000,000; and

(4)  $5,000,000 or more,

within the past five years; and

     BE IT FURTHER RESOLVED that LRB is requested to compile the results of its review into a single report; and

     BE IT FURTHER RESOLVED that the report indicate the type of tort involved in each case so that at least the medical torts can be evaluated; and

     BE IT FURTHER RESOLVED that LRB is requested to submit the report to the Legislature at least 20 days prior to the convening of the Regular Session of 2008; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of LRB.

OFFERED BY:

_____________________________

Report Title: 

Tort reform; Study of plaintiff awards