Nevada Man Learns Tough Truth of Tort Reform Laws

Jonathan Nace

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59-year-old Richard Krikalo, a Nevada man who has lost his eye sight in his right eye, has learned that he may not be able to be compensated for the injury he sustained due to tort reform laws. In 2004, Nevada passed the "Keep Our Doctors in Nevada" ballot measure, which was approved by the voting public. Now, Mr. Krikalo is finding that law stands in his way for just compensation. While the bill was passed to put a stop to "frivolous lawsuits," its real effect has been more profound on Mr. Krikalo personally.

Medical malpractice attorneys, consulted in Nevada, have informed him; it is economically unfeasible to litigate his claim, due to the malpractice caps and time limitation laws passed in 2004. Mr. Krikalo does not believe in frivolous lawsuits. He understands someone who loses his eyesight, due to a surgeon’s negligence, should be compensated for what he has lost. Krikalo further states what personal injury, medical malpractice and wrongful death litigators across America already know, “There’s hardly any protection for the consumer any more. Now everything is in favor of doctors.”

While both national and local justice groups in the District of Columbia fight to keep the courtroom a forum for injured individuals like Mr. Krikalo, not all jurisdictions - including Nevada - have sided with the individuals. And in this case, the voting public ultimately may have cost Mr. Krikalo his one chance to be compensated for an injury which was not his fault.