Coverage of State Medical Malpractice Developments, Kaiser Daily Health Policy Report Examines

Main Category: Litigation / Medical Malpractice
Article Date: 04 Jul 2005 - 0:00 PDT

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The following summarizes coverage of recent developments related to medical malpractice in four states (USA).

• Florida: Supporters of a state constitutional amendment approved last year that limits plaintiff attorney fees in malpractice lawsuits on Wednesday filed a proposal with the state Supreme Court to "force trial lawyers to abide by strict limits" established by the law, the Daytona Beach News-Journal reports (Saunders, Daytona Beach News-Journal, 6/29). Last November, Florida voters passed Amendment 3, which amended the state constitution to allow plaintiffs in malpractice lawsuits to retain 70% of the first $250,000 in damages awarded and 90% of damages awarded in excess of that amount (Kaiser Daily Health Policy Report, 11/12/04). However, some attorneys who oppose the amendment have asked plaintiffs to sign waivers that allow higher fees to bypass the limits established by the measure (Daytona Beach News-Journal, 6/29).
  
  
• Kentucky: Kentucky Gov. Ernie Fletcher (R) on Tuesday said medical malpractice reform that includes caps on noneconomic damages would lower malpractice insurance premiums and stop doctors from leaving the state, the Cincinnati Enquirer reports. Fletcher, speaking at a meeting of the Northern Kentucky Medical Society, said physicians are "being driven either out of the state or out of their specialty" because of rising malpractice costs. Fletcher called on state doctors to help pass a bill in the next legislative session, which begins in January 2006, that would place on the November 2006 ballot a constitutional amendment to limit noneconomic damages in malpractice lawsuits. According to Fletcher, a "reasonable" cap would be between $250,000 and $500,000. Additionally, the bill would establish a three-member panel of doctors to review malpractice lawsuits and dismiss claims deemed to lack merit (Crowley, Cincinnati Enquirer, 6/29).
  
  
• New Hampshire: The state Insurance Department on July 18 will hold a public hearing to discuss whether the market for malpractice insurance is uncompetitive, as indicated by a preliminary department review, the Manchester Union Leader reports. According to the Union Leader, the hearing could prompt state Insurance Commissioner Roger Sevigny to make such a determination under a state property-casualty law enacted in January 2003, a move that would allow him to review malpractice insurance premium rates "before they are put in place and disapprove rates he finds unreasonable." Sevigny said that two private insurers, Medical Mutual of Maine and Pro Select Insurance, and the Joint Underwriting Association, a carrier of last resort, control more than 90% of the malpractice insurance market in the state (Paiste, Manchester Union Leader, 6/29).
  
  
• Rhode Island: Members of the Rhode Island Medical Society and the Hospital Association of Rhode Island have said that the Rhode Island Trial Lawyers Association has sought to block a malpractice reform bill supported by physicians and hospitals, "apparently dooming for this year any legislation" to address the issue, the Providence Journal reports. State General Assembly leaders had asked the groups to reach a compromise on the issue. RITLA President Joyce Faraone said that the groups have met several times and that RITLA has not sought to block the legislation. The bill supported by physicians and hospitals would a reduce the 12% interest rate that accumulates on malpractice judgments during the litigation process. The bill also would require an expert to certify that malpractice lawsuits have merit and would require plaintiffs to file lawsuits within one year of the time that they become aware of alleged malpractice. However, RITLA supports a bill that would limit malpractice insurance premium rates for physicians in high-risk specialties. The bill also would require malpractice insurers to base premium rates on "firm data" and disclose their expenditures (Freyer, Providence Journal, 6/29).
  

"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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