Kaiser Daily Health Policy Report Highlights Recent Developments Related to Medical Malpractice Insurance in Two States

Main Category: Litigation / Medical Malpractice
Article Date: 27 Mar 2005 - 10:00 PDT


The Kaiser Daily Health Policy Report examines recent developments related to medical malpractice insurance in two states. Summaries appear below.

• Illinois: State senators "erupted in a bitter partisan fight" last week over medical malpractice reform legislation, prompting the Senate to close its session early, the St. Louis Post-Dispatch reports. The argument began when Democratic state Senators withdrew an offer to vote on a Republican-proposed malpractice reform bill. The bill (SB 150), sponsored by state Sen. David Luechtefeld (R), would set a $250,000 cap on noneconomic damage awards. The Democratic majority last week postponed the bill for a second time and then decided to transfer the legislation from the Judiciary Committee to the Executive Committee -- which is "expected to defeat it" -- for further consideration, according to the Post-Dispatch (McDermott, St. Louis Post-Dispatch, 3/17). Republican state senators attempted to force an immediate vote on the bill and then began a series of "parliamentary maneuvers to interrupt Senate business," the Peoria Journal Star reports. As a result of the debate, Senate President Emil Jones (D) closed the state Senate (Peoria Journal Star, 3/18). Further discussions on the bill are expected to continue in April when the state Legislature reconvenes (St. Louis Post-Dispatch, 3/17).
  
  
• Virginia: Gov. Mark Warner (D) on Wednesday signed into law a medical liability reform bill that allows physicians to apologize without admission of wrongdoing and increases requirements for expert witnesses in malpractice lawsuits, the Richmond Times-Dispatch reports. In addition, the law requires competency evaluations for certain physicians and increases requirements for "reporting of insurance data," the Times-Dispatch reports. The law also makes some revisions to the state birth injury program, which blocks malpractice lawsuits against certain physicians and hospitals when infants experience severe injuries at birth. State lawmakers also will continue to discuss other medical liability reform proposals, such as a $250,000 cap on noneconomic damages in malpractice lawsuits. Virginia currently caps all damages in malpractice lawsuits at $1.75 million (McKelway, Richmond Times-Dispatch, 3/24).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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