Citizens speak out on ballot questions

Jace Radke

Wednesday, Oct. 13, 2004 | 9:24 a.m.

Retired Green Valley High School special education teacher Beverly Serota marched in front of the Clark County Courthouse Tuesday with about 50 other supporters of ballot Questions 4 and 5.

"My insurance rates are going sky high," Serota said as she hoisted a placard that read "yes on 4 and 5."

"We want to lower the insurance rates for Nevadans and stop frivolous lawsuits," she said.

Voters will be asked on Nov. 2 to decide if the constitution should be amended to add provisions governing insurance rates in Question 4. Question 5 asks if amendments should be made to prohibit certain changes to limits on recovery of monetary damages and to penalize lawyers who file frivolous lawsuits.

Those opposed to the ballot initiatives, including business, medical and construction interests, say that the measures are a bait-and-switch aimed at disrupting tort reform in the state.

The medical community and others are backing Question 3, the Keep Our Doctors in Nevada initiative. Question 3 would cap pain and suffering damages in medical malpractice suits at $350,000, unless the state gives doctors insurance relief by February 2007.

The marchers on Tuesday shouted slogans of, "Yes on 4 and 5! No on 3!" as they rallied in front of the courthouse.

Gail Tuzzolo, a consultant for the People for a Better Nevada, the nonprofit group that arranged Tuesday's march and has pushed for the passage of Questions 4 and 5, said that Question 3 is not an option for Nevadans.

"It takes away the rights of victims to get anything over $350,000 if a doctor commits malpractice," said Tuzzolo, whose group is supported by trial attorneys. "Four and 5 would lower insurance rates for everyone, including doctors, and would stop frivolous lawsuits.

"For years we've heard that frivolous lawsuits are the reason doctors insurance premiums are so high."

Supporters of Question 3 say that if passed, Questions 4 and 5 would ultimately increase health insurance costs, drive more doctors out of the state and raise the cost of newly constructed homes.

"People want to say that Questions 4 and 5 are about things other than insurance reform, but it's not true," said Carmen Cashman, a retired Las Vegas who marched at the rally. "This is about a group of Nevadans that are tired of paying high insurance rates."