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The Greater Marysville Tulalip Chamber of Commerce
RESOLUTION #2005-06
Supporting – Initiative 330
Changing laws governing claims for negligent healthcare, including restricting
non-economic damages to $350,000 (with exception), shortening time limits for filing cases, limiting repayments to insurers and limiting claimants’ attorney fees.
WHEREAS: Initiative 330 will improve our employees’ access to needed medical care, stem the exodus of doctors leaving our state, get more money to injured patients where the money belongs, and restore some badly needed balance to the judicial system on medical awards; and
WHEREAS: Initiative 336 would set up a state sponsored insurance company and will force more lucrative settlements from good doctors – costing of us more in the form of higher insurance premiums and medical changes ultimately exacerbating the state’s health care crisis; and
WHEREAS: I-330 will maximize patient recovery of damages by returning a greater portion of settlements and jury verdicts to patients by applying limitations on attorney contingency fees as follows: 40% of the first $50,000 recovered; 33 and 1/3% of the next $50,000 recovered; 25% of the next $500,000; 15% of any amount over $600,000; and
WHEREAS: I-330 in no way limits recovery of actual damages and guarantees full and fair compensation for all past and future actual damages such as lost wages, medical and hospital bills, rehabilitation, prescription drugs, in-home care, child care, special vehicles and other equipment; and
WHEREAS: In addition, I-330 permits recovery for pain and suffering (non-economic damages) between $350,000 and $1,050,000 depending on the number of individuals and institutional defendants; and
WHEREAS: I-330 allows for future damages of over $50,000 to be paid over time to ensure the injured patient receives benefits on an on going basis; and
WHEREAS: I-330 promotes quicker settlements by allowing physicians and patients to enter into voluntary arbitration agreements and by strengthening the mediation; and
WHEREAS: I-330 allows juries to know all other sources of prior and future payment to the injured patient, such as health insurance; and
WHEREAS: Joint and several liability laws are changed so that defendants are held accountable for their proportionate share of fault. Hospitals are held accountable for their actual agents and employees. Heath care professionals are responsible for their actions and not those of others; and
WHEREAS: Plaintiffs must give 90 days notice before filing a claim; and
WHEREAS: Plaintiffs in cases involving vulnerable adults will receive payment for actual damages, but not separate attorney and expert witness fees. This eliminates the current disparity and clarifies that all health care litigation will be compensated in the same manner; and
WHEREAS: Plaintiffs must file suit within three years of occurrence of a claim. Plaintiffs filing suit to recover from injuries to children under six years of age have three years or until the child’s eighth birthday, whichever is longer; and
NOW THEREFORE BE IT RESOLVED, that The Greater Marysville Tulalip Chamber of Commerce supports Initiative 330.
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