Mississippi Governor Asks State Lawmakers To Pass Legislation To Limit Awards in Medical Malpractice Lawsuits

Mississippi Gov. Ronnie Musgrove (D) at a press conference on Aug. 28 urged state lawmakers to pass legislation to limit noneconomic damage awards in medical malpractice lawsuits and to establish a state-administered not-for-profit insurance company to provide "affordable malpractice coverage" to doctors, hospitals and nursing homes, the Memphis Commercial Appeal reports. Musgrove proposed a $500,000 cap on noneconomic damage awards in malpractice lawsuits and a $250,000 cap in suits filed against providers covered by the new state insurance company. Under the proposal, the state insurance company would provide malpractice coverage for doctors, hospitals and nursing homes, and providers covered by the company would have to treat Medicaid and Medicare beneficiaries and individuals covered by the state employee health insurance plan. Musgrove also proposed limits on "controversial" lawsuits filed against doctors who prescribe certain treatments -- a "legal tactic used by lawyers for injured patients to get national drug companies in Mississippi courtrooms" -- and a requirement that malpractice lawsuits "be tried in the county in which the malpractice occurred," rather than the county in which the patient resides or dies. Musgrove said, "We must solve the crisis that our doctors are experiencing across the state. I have released a plan which will not only provide immediate (insurance) relief for our health care providers, but it will also provide a long-term solution." State lawmakers will likely consider the proposal when they meet for a special session on Sept. 5 (Branson, Memphis Commercial Appeal, 8/29).