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

Main Category: Litigation / Medical Malpractice
Article Date: 16 Jul 2005 - 15:00 PDT

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The following summarizes recent developments related to medical malpractice in three states.

• Connecticut: Gov. M. Jodi Rell (R) plans to sign a bill that would require malpractice insurers to obtain approval from the state Insurance Department before they can increase premium rates by more than 7%, her office said last week, the Connecticut Post reports. However, state Attorney General Richard Blumenthal (D) said that the legislation would not address the issues of excessive malpractice insurer surpluses and refunds to physicians and would not protect physicians and patients from unjustified premium rate increases. "Insurance company greed can be hazardous to all our health," Blumenthal said. Meanwhile, Fairfield County Medical Association officials said that Rell should veto the legislation. Rell spokesperson Dennis Schain said that the bill might "offer some relief" to physicians, adding, "It was the strongest measure that we were able to get through the Legislature, but [it] does not include all the provisions that the governor would like to see" (Dixon, Connecticut Post, 7/8).
  
  
• South Carolina: The state Supreme Court on July 5 voted 5-0 to reinstate a malpractice lawsuit filed by the widow of a man who allegedly died at a hospital during an outpatient biopsy because of excessive sedation, inadequate monitoring and delayed resuscitation efforts, the AP/Charleston Daily Mail reports. The court ruled that the physician and nurse named as defendants in the lawsuit should have raised objections to the suit earlier to allow attorneys for the plaintiffs to address the issues. Under state law, plaintiffs must notify health care providers before they file malpractice lawsuits against them and must obtain a "screening certificate of merit" for the suits. Providers can request more information about the lawsuits within 30 days. According to the court, the defendants did not raise objections to the notice and certificate of merit and did not seek mediation. The court returned the lawsuit to a lower court for reconsideration (Bundy, AP/Charleston Daily Mail, 7/7).
  
  
• Wisconsin: The state Supreme Court on Thursday voted 5-4 that the $350,000 state cap on certain damages in malpractice lawsuits violated equal protection rights in the state constitution, the Chicago Tribune reports. The state enacted the cap in 1995. Health care and business officials said that the decision could "lead to huge verdicts against doctors and exploding costs for patients," the Tribune reports. Some state lawmakers said that they will propose legislation that would establish a new cap (Chicago Tribune, 7/15).

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