GOP to Move Bill
to Limit Medical Damages
Senate Democrats Expected to Filibuster
By Helen Dewar
Washington Post Staff Writer
Tuesday, July 8, 2003; Page A03
Senate Republicans moved yesterday to force debate on legislation to put
stringent limits on medical malpractice awards, even though Democrats appeared
ready -- and able -- to block action on the measure.
A showdown vote on an expected Democratic filibuster against the legislation
was scheduled for Wednesday after Democrats objected to a procedural move to
bring up the bill immediately for debate and votes.
Republicans have conceded they lack the 60 votes needed to limit debate in
the 100-member chamber, but say they see the vote as a first step toward
eventual passage or, failing that, as an issue for next year's elections.
Democrats plan to decide today whether to filibuster the bill. Aides said
yesterday a filibuster was likely.
The GOP bill, sponsored by Sen. John Ensign (R-Nev.), includes elements of
President Bush's initiative to cut down on huge damages awards in lawsuits and
is similar to legislation the House approved earlier this year. It would cap
awards for pain and suffering at $250,000 and limit lawyers' fees. It would also
limit punitive damages to twice the award for economic losses or $250,000,
whichever was greater.
Republicans say soaring malpractice awards are inflating the cost of doctors'
insurance and driving many physicians to abandon their practices, in some cases
leaving patients without access to needed care. Democrats blame insurance
companies for the rate increases and say the GOP bill would wind up harming
malpractice victims without addressing problems generated by the insurance
industry.
The debate pits insurers, businesses and physicians -- many of whom
contribute to Republican campaigns -- against trial lawyers, who are key
supporters of Democratic campaigns. Among the bill's most ardent supporters is
Majority Leader Bill Frist (R-Tenn.), the Senate's physician.
"Our current medical liability system encourages excessive litigation, drives
up costs and is literally scaring doctors out of the medical profession," said
Sen. Mitch McConnell (R-Ky.), the majority whip. "All too often these lawsuits
result in exorbitant judgments that benefit personal injury lawyers more than
they compensate injured patients."
Sen. Richard J. Durbin (D-Ill.), a leading foe of the bill, described the
measure as "fundamentally unfair . . . as unfair to victims as the malpractice
insurance rates are to doctors." He criticized Republicans for trying to force a
vote on the bill without going through the normal committee process, including
public hearings. "They don't want people of this country to hear both sides of
the story," he said.
Durbin's office said he and Sen. Lindsey Graham (R-S.C.) plan to introduce an
alternative today that would also deal with what the office described as
"anti-competitive behavior by insurance companies" and other factors not
addressed by the GOP measure.
DISCLAIMER:
All information, data, and material contained, presented, or provided here
is for general information purposes only and is not to be construed as
reflecting the knowledge or opinions of the publisher, and is not to be
construed or intended as providing medical or legal advice. The decision
whether or not to vaccinate is an important and complex issue and should
be made by you, and you alone, in consultation with your health care
provider.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"