Bush To Propose Limit on Medical Malpractice Lawsuit Awards

[CAL/AAEM News Service]

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-----Original Message-----

From: California Healthline [mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM] 

Bush To Propose Limit on Medical Malpractice Lawsuit Awards 

01/16/2003 

President Bush today plans to announce a proposal to reduce medical malpractice insurance premiums for physicians by limiting the amount of damages that juries can award in malpractice cases, the <http://www.philly.com/mld/philly/news/4956883.htm> Philadelphia Inquirer reports. Bush hopes that the proposal, which he plans to unveil in a policy address at a hospital in Scranton, Pa., will help address the nationwide problem of physician work stoppages (Stark, Philadelphia Inquirer, 1/16). More than 18 general, orthopedic and heart surgeons in northern West Virginia earlier this month began to take leaves of absence to protest the state's high malpractice insurance rates (AP/Pittsburgh Post-Gazette <http://www.postgazette.com/localnews/20030102surgeonsr4.asp> , 1/6). In Pennsylvania, state officials averted a strike by hundreds of physicians and surgeons scheduled for Jan. 1 after they promised to work to reduce malpractice insurance costs for physicians ( <http://www.nytimes.!
com/2003/01/01/national/01DOCS.html> New York Times, 1/1). According to the http://www.latimes.com/news/nationworld/nation/la-na-medmal16jan16.story Los Angeles Times, Bush today will likely make comments similar to those made in an address in North Carolina last year, when he said that "strict limits" on jury awards would save "tens of billions of dollars" and reduce malpractice insurance premiums. In the North Carolina address, Bush expressed support for a bill sponsored by Rep. James Greenwood (R-Pa.) that would have restricted the number of years a plaintiff has to file a malpractice lawsuit; determined damages in part based on the "degree of culpability" of the defendant; established a $250,000 cap on jury awards for pain and suffering; and limited punitive damages to $250,000 or twice the amount of economic damages, whichever is greater (Gerstenzang, Los Angeles Times, 1/16). In addition, the legislation would have allowed states to reduce, but not raise, the $250,000 !
cap on pain and suffering awards. The bill passed the House last year, 217-203 (Kornblut, http://www.boston.com/dailyglobe2/016/nation/Bush_wants_cap_on_malpractice_awards+.shtml Boston Globe, 1/16). However, the Senate did not pass similar legislation. Greenwood plans to reintroduce the bill later this month, the Los Angeles Times reports (Los Angeles Times, 1/16). 

Democratic Position 

Several Democratic lawmakers yesterday said that Bush's proposal would "benefit the insurance industry at the expense of patients," <http://www.nandotimes.com/politics/story/719749p-5279762c.html> McClatchy Newspapers/Nando Times reports. A letter to Bush signed by Sens. John Edwards (D-N.C.), Edward Kennedy (D-Mass.), Patrick Leahy (D-Vt.) and Richard Durbin (D-Ill.) said, "The best answer to unreasonably high medical malpractice premiums is tougher regulation of insurance companies." According to McClatchy/Nando Times, the senators maintain that malpractice insurers have raised premiums to help recoup stock market losses. The letter continued, "When insurance companies lose money on their investments, they should not be able to recover those losses from the doctors they insure." Bush administration spokesperson Jeanie Mamo said that Bush "would be undeterred" by the letter. Mamo added, "The president hopes that Democrats in the Senate will put partisanship aside and focus !
on what's best for patients" (Wagner, McClatchy Newspapers/Nando Times, 1/15). Meanwhile, CongressDaily/AM reports that Senate Republicans are "developing a strategy" to move legislation through the Senate that would cap damages awarded in malpractice lawsuits. Senate Republicans may address the issue through a committee, such as the Health, Education, Labor and Pensions Committee, whose next chair, Sen. Judd Gregg (R-N.H.), considers malpractice reform a "top issue," CongressDaily/AM reports. Senate Republicans also may seek help from Democrats from states with large insurance companies (Fulton, CongressDaily/AM, 1/16). 


Brian Potts 
Managing Editor, CAL/AAEM News Service 
MS-IV, UC Irvine 
MD/MBA candidate 
pottsbri@yahoo.com


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<FONT size=2>
<P>-----Original Message-----</P>
<P>From: California Healthline [</FONT><A href="mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM"><U><FONT color=#0000ff size=2>mailto:CALIFORNIAHEALTHLINE@ADVISORY.COM</U></FONT></A><FONT size=2>] </P>
<P>Bush To Propose Limit on Medical Malpractice Lawsuit Awards </P>
<P>01/16/2003 </P>
<P>President Bush today plans to announce a proposal to reduce medical malpractice insurance premiums for physicians by limiting the amount of damages that juries can award in malpractice cases, the &lt;</FONT><A href="http://www.philly.com/mld/philly/news/4956883.htm"><U><FONT color=#0000ff size=2>http://www.philly.com/mld/philly/news/4956883.htm</U></FONT></A><FONT size=2>&gt; Philadelphia Inquirer reports. Bush hopes that the proposal, which he plans to unveil in a policy address at a hospital in Scranton, Pa., will help address the nationwide problem of physician work stoppages (Stark, Philadelphia Inquirer, 1/16). More than 18 general, orthopedic and heart surgeons in northern West Virginia earlier this month began to take leaves of absence to protest the state's high malpractice insurance rates (AP/Pittsburgh Post-Gazette &lt;</FONT><A href="http://www.postgazette.com/localnews/20030102surgeonsr4.asp"><U><FONT color=#0000ff size=2>http://www.postgazette.com/localnews/2!
0030102surgeonsr4.asp</U></FONT></A><FONT size=2>&gt; , 1/6). In Pennsylvania, state officials averted a strike by hundreds of physicians and surgeons scheduled for Jan. 1 after they promised to work to reduce malpractice insurance costs for physicians ( &lt;</FONT><A href="http://www.nytimes.com/2003/01/01/national/01DOCS.html"><U><FONT color=#0000ff size=2>http://www.nytimes.com/2003/01/01/national/01DOCS.html</U></FONT></A><FONT size=2>&gt; New York Times, 1/1). According to the </FONT><A href="http://www.latimes.com/news/nationworld/nation/la-na-medmal16jan16.stor"><U><FONT color=#0000ff size=2><A href="http://www.latimes.com/news/nationworld/nation/la-na-medmal16jan16.story">http://www.latimes.com/news/nationworld/nation/la-na-medmal16jan16.stor</U></FONT></A><FONT size=2>y</A> Los Angeles Times, Bush today will likely make comments similar to those made in an address in North Carolina last year, when he said that "strict limits" on jury awards would save "tens of billi!
ons of dollars" and reduce malpractice insurance premiums. In the North Carolina address, Bush expressed support for a bill sponsored by Rep. James Greenwood (R-Pa.) that would have restricted the number of years a plaintiff has to file a malpractice lawsuit; determined damages in part based on the "degree of culpability" of the defendant; established a $250,000 cap on jury awards for pain and suffering; and limited punitive damages to $250,000 or twice the amount of economic damages, whichever is greater (Gerstenzang, Los Angeles Times, 1/16). In addition, the legislation would have allowed states to reduce, but not raise, the $250,000 cap on pain and suffering awards. The bill passed the House last year, 217-203 (Kornblut, </FONT><A href="http://www.boston.com/dailyglobe2/016/nation/Bush_wants_cap_on_malpract"><U><FONT color=#0000ff size=2><A href="http://www.boston.com/dailyglobe2/016/nation/Bush_wants_cap_on_malpractice_awards+.shtml">http://www.boston.com/dailyglobe2/01!
6/nation/Bush_wants_cap_on_malpract</U></FONT></A><FONT size=2>ice_awards+.shtml</A> Boston Globe, 1/16). However, the Senate did not pass similar legislation. Greenwood plans to reintroduce the bill later this month, the Los Angeles Times reports (Los Angeles Times, 1/16). </P>
<P>Democratic Position </P>
<P>Several Democratic lawmakers yesterday said that Bush's proposal would "benefit the insurance industry at the expense of patients," &lt;</FONT><A href="http://www.nandotimes.com/politics/story/719749p-5279762c.html"><U><FONT color=#0000ff size=2>http://www.nandotimes.com/politics/story/719749p-5279762c.html</U></FONT></A><FONT size=2>&gt; McClatchy Newspapers/Nando Times reports. A letter to Bush signed by Sens. John Edwards (D-N.C.), Edward Kennedy (D-Mass.), Patrick Leahy (D-Vt.) and Richard Durbin (D-Ill.) said, "The best answer to unreasonably high medical malpractice premiums is tougher regulation of insurance companies." According to McClatchy/Nando Times, the senators maintain that malpractice insurers have raised premiums to help recoup stock market losses. The letter continued, "When insurance companies lose money on their investments, they should not be able to recover those losses from the doctors they insure." Bush administration spokesperson Jeanie Mamo said !
that Bush "would be undeterred" by the letter. Mamo added, "The president hopes that Democrats in the Senate will put partisanship aside and focus on what's best for patients" (Wagner, McClatchy Newspapers/Nando Times, 1/15). Meanwhile, CongressDaily/AM reports that Senate Republicans are "developing a strategy" to move legislation through the Senate that would cap damages awarded in malpractice lawsuits. Senate Republicans may address the issue through a committee, such as the Health, Education, Labor and Pensions Committee, whose next chair, Sen. Judd Gregg (R-N.H.), considers malpractice reform a "top issue," CongressDaily/AM reports. Senate Republicans also may seek help from Democrats from states with large insurance companies (Fulton, CongressDaily/AM, 1/16). </P></FONT><BR><BR><STRONG>Brian Potts <BR>Managing Editor, CAL/AAEM News Service</STRONG> <BR>MS-IV, UC Irvine <BR>MD/MBA candidate <BR>pottsbri@yahoo.com<p><br><hr size=1>Do you Yahoo!?<br>
<a href="http://rd.yahoo.com/mail/mailsig/*http://mailplus.yahoo.com">Yahoo! Mail Plus</a> - Powerful. Affordable. <a href="http://rd.yahoo.com/mail/mailsig/*http://mailplus.yahoo.com">Sign up now</a>
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