Tort reform stalled over damages cap

The $250,000 award limit is dividing the U.S. Senate.

By Tanya Albert, AMNews staff. July 21, 2003.

Senate Republicans and Democrats agree on one thing in the medical liability debate: Doctors are paying unfair insurance rates and leaving medicine because of it, ultimately hurting patients' access to care.

But they don't agree on a solution.

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Topic: Liability crisis

At press time, it looked unlikely that the narrowly Republican-controlled Senate would pass a bill calling for a $250,000 cap on noneconomic damages awarded in medical malpractice cases. Republicans didn't expect to have the 60 votes needed to block a Democratic filibuster.

Senate leaders brought the Patients First Act of 2003 -- introduced in late June by Sen. John Ensign (R, Nev.) -- directly to the floor July 7. The bill, very similar to one the House passed in March, got the American Medical Association's support.

In addition to the $250,000 cap that doctors and the Bush administration say is necessary to stabilize insurance rates, the measure calls for:

Giving full economic damages.
Limiting punitive damages to $250,000 or up to twice the economic damages, whichever is greater.
Eliminating joint liability so doctors pay for only damages they cause.
Limiting attorneys fees.
Requiring expert witnesses to be licensed health care professionals experienced in the condition at issue.
Allowing states to leave their own caps in place or to enact different limits.

The Senate debate echoed others heard around the nation over the past 18 months. Trial lawyers and Democrats are on one side, while physicians, insurers and Republicans are on the other.

Sen. Dick Durbin (D, Ill.) said the bill's noneconomic damages cap would be too low. "This decides what it's worth to live with permanent injury and scarring. It's worth $250,000, and not a penny more."

But Sen. Mitch McConnell (R, Ky.) disagreed. "This legislation allows patients to be fairly compensated while placing badly needed limits on often out-of-control damage awards."

ADDITIONAL INFORMATION:

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Thomas, the federal legislative information service, for bill summary, status and full text of the Patients First Act of 2003 (S 11) (thomas.loc.gov)

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