Court Nulls Medical Liability Cap Proposal on Arkansas Ballot

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Arkansas’ Supreme Court said on Oct. 13 that voters won’t be able to consider a measure that would limit the amount of money awarded in medical liability cases because the language on the November ballot doesn’t fully describe what the proposal would do.

Ballots have already been printed, so the court ruled in a pair of orders that no votes be counted on the proposal. Under the plan’s provisions, legislators would have been allowed to cap non-economic damages against healthcare providers for medical injuries no less than $250,000.

Supporters argued that the limits were needed to control healthcare costs. But in a unanimous decision, the justices said the proposal’s supporters never said what “non-economic damages” meant and ruled that it would be wrong to ask voters to take a stab at a definition.

“We have disapproved the use of terms that are technical and not readily understood by voters, such that voters would be placed in a position of either having to be an expert in the subject or having to guess as to the effect his or her vote would have,” Justice Paul E. Danielson wrote in the ruling.

The court noted that most voters don’t explore ballot issues until immediately before voting. Justices reasoned that a voter wouldn’t be able to reach an “intelligent and informed decision” with only the language placed before them. The court gave the proposal’s supporters five working days to request a rehearing.

The group Health Care Access for Arkansans, which backed the proposal, said it was disappointed to have the issue struck down after 130,000 people signed petitions to place it on the ballot — thousands more than needed.

Martha Deaver of the Committee to Protect AR Families, which opposed the measure, said the Supreme Court decision preserved the right of Arkansas residents to a trial by jury.