Medical Malpractice in Five States - Kaiser Daily Health Policy Report Examines Developments, USA

Main Category: Litigation / Medical Malpractice
Article Date: 23 Apr 2005 - 10:00 PDT


The Kaiser Daily Health Policy Report highlights recent developments related to medical malpractice in five states. Summaries appear below.

• Alaska: The state Senate on April 12 voted 12-8 to approve a bill (SB 67) that would reduce the state cap on noneconomic damages in malpractice lawsuits to $250,000 per plaintiff, the AP/Anchorage Daily News reports. The legislation, sponsored by state Sen. Ralph Seekins (R), moves to the state House for consideration. Supporters maintain that the bill would help the state attract physicians and malpractice insurers. According to opponents, however, "marketing Alaska to health care professionals should not come at the expense" of state residents who are injured or killed as a result of malpractice, the AP/Daily News reports (Volz, AP/Anchorage Daily News, 4/13).
  
  
• Arizona: The state Senate on Monday approved a bill (SB 1036) that would place restrictions on expert witnesses who testify in malpractice lawsuits, the Arizona Daily Star reports. Under the legislation, which the state House also has passed, only licensed health care providers in the same specialty as the defendant could serve as expert witnesses in malpractice lawsuits. The bill moves to Gov. Janet Napolitano (D) for consideration. Napolitano aides said that the governor has not taken a position on the legislation. Arizona Medical Association spokesperson Andrea Smiley called the bill "an important step" but said that an amendment to the state constitution to cap noneconomic damages in malpractice lawsuits also is needed (Fischer, Arizona Daily Star, 4/19).
  
  
• Connecticut: The state Joint Judiciary Committee on April 15 approved a bill that would require individuals who plan to file malpractice lawsuits to first obtain an expert medical opinion in support of the complaint. The legislation also would reduce from 12% to 8% the interest rate on malpractice settlements paid over time and would take "other steps to reduce risks and costs for medical professionals," the Hartford Courant reports. A spokesperson for Gov. Jodi Rell (R) on Friday said that the governor would review the bill before she takes a position. Rell in February cited medical liability reform as one of her priorities for the current state legislative session (Leukhardt, Hartford Courant, 4/16).
  
  
• Massachusetts: The Massachusetts Medical Society last week said that the annual index used to measure the work environment for physicians in the state decreased for the 11th consecutive year, the Boston Herald reports. Increased malpractice insurance costs, home prices and business costs are "fueling the harsh conditions," according to the Herald (Heslam, Boston Herald, 4/18).
  
  
• North Carolina: State Rep. Bill Faison (D) on April 14 introduced a bill (HB 1229) that would make public more information about malpractice settlements, the Raleigh News & Observer reports. The legislation would require the 12-member North Carolina Medical Board to make public all malpractice settlements, although the names of most physicians would remain anonymous. The bill would require the board to release the names of physicians who have reached more than five malpractice settlements valued at more than $100,000 over a 10-year period. In addition, the legislation would revise the selection process for board members. Under the bill, licensed physicians in the state would elect the seven physician members of the board. The North Carolina Medical Society currently appoints those seven board members (Collins, Raleigh News & Observer, 4/15).

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