Kaiser Daily Health Policy Report Highlights Recent Developments in Medical Malpractice, USA

Main Category: Litigation / Medical Malpractice
Article Date: 12 Jun 2005 - 0:00 PST

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Kaiser Daily Health Policy Report examines recent developments related to medical malpractice in three states and Washington, D.C. Summaries appear below.

• Connecticut: The state Senate on Monday voted 27-9 to approve a malpractice reform bill, the Hartford Courant reports. The legislation would reduce from 12% to 8% the interest rate on malpractice settlements paid over time, allow physicians to apologize to patients without admission of wrongdoing, require malpractice insurers to obtain approval from the state insurance commissioner for premium rate increases and require physicians to take continuing medical education courses. State Sen. John Kissel (R) called the bill an "important first step." However, the lack of a provision to cap damages in malpractice lawsuits "drew sharp criticism from some senators," the Courant reports. State Sen. George Gunther (R) said, "This bill is for the lawyers, by the lawyers and of the lawyers" (Leukhardt, Hartford Courant, 6/7).
  
  
• Delaware: State Insurance Commissioner Matt Denn has proposed legislation to help stabilize malpractice insurance premiums and attract more physicians and malpractice insurers to the state, the Wilmington News Journal reports. The bill would provide malpractice insurance premium subsidies for physicians in high-risk specialties and establish a system to review claims submitted by malpractice insurers to justify premium rate increases. However, the legislation would not cap damages in malpractice lawsuits, a proposal supported by the Medical Society of Delaware (Ratnayake, Wilmington News Journal, 6/3).
  
  
• New Hampshire: The state House on Wednesday voted 218-115 to approve a bill (SB 214) that would allow a panel to review malpractice lawsuits before they proceed to trial, the Nashua Telegraph reports. Under the bill, if plaintiffs and defendants agree, a panel composed of a retired judge, a physician and an attorney would review evidence in malpractice lawsuits and make recommendations on whether negligence is involved. The legislation, which the state Senate passed earlier this year, would allow attorneys to use unanimous recommendations by the panel as evidence in the event that malpractice lawsuits proceed to trial. Pamela Walsh, communications director for Gov. John Lynch (D), said that the governor will sign the bill. However, New Hampshire Trial Lawyers Association lobbyist James Demers said that the legislation includes "many constitutional flaws," adding, "I fully anticipate it would be tested in the courts" (Landrigan, Nashua Telegraph, 6/9).
  
  
• Washington, D.C.: City Council Chair Linda Cropp (D) on Tuesday introduced a malpractice insurance reform bill that would require the city insurance commissioner to approve proposed premium rate increases when they exceed a certain percentage, the Washington Times reports. Under the legislation, the city insurance commissioner also could consider the surpluses of malpractice insurers in decisions on proposed premium rate increases. In addition, the bill would authorize refunds to physicians who have paid "excessive" malpractice insurance premiums. The legislation also would allow physicians and patients to challenge malpractice insurance premium rate increases and allow physicians to obtain premium rate quotes from multiple insurers. The bill has 10 co-sponsors in the 13-member council (Redding, Washington Times, 6/8).

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