While Medical Malpractice Legislation Faces Uncertain Future, Bill Could Bridge Gap Between Republicans and AMA, CongressDaily Reports

The medical malpractice bill (HR 4600) expected to pass the House Energy and Commerce Committee on Sept. 18 could work to mend fences between Republicans and the American Medical Association, CongressDaily/AM reports. Both Republicans and the AMA, along with the U.S. Chamber of Commerce and other business and physician specialty groups, support the measure (Fulton, CongressDaily/AM, 9/18). The AMA was once a "rock-solid" ally of Republicans, but lately has had increasingly "caustic relations" with the party and has opposed its views on patients' rights and Medicare payments (Zeller, National Journal, 4/27). The medical malpractice bill, sponsored by Rep. Jim Greenwood (R-Pa.), would cap at $250,000 the amount of noneconomic damages, such as compensation for pain and suffering, patients could be awarded in medical malpractice suits. Punitive damages would be limited to $250,000 or twice economic damages, whichever is greater. Economic damages, such as medical expenses or lost income, would remain uncapped. In addition, lawyers' fees would be limited by a sliding scale (Kaiser Daily Health Policy Report, 9/16). Former AMA President Richard Corlin said that the issue of medical malpractice suit caps "has been in one way or another crucial to us since 1975." But Rep. Lee Terry (R-Neb.) said, "There's been a rift between AMA and the Republicans [for years]. I don't know if this is enough to bridge it." The bill also faces opposition from some Democrats, who claim it goes "too far" and could be a "boon to the insurance industry," CongressDaily/AM reports. A spokesperson for Rep. John Dingell (D-Mich.), ranking member of the House Energy and Commerce Committee, said, "Democrats don't oppose it [completely], but we do think it's too extreme." Terry, who also opposes the bill, said, "Maybe there are some other things that can be done to help defray the costs that don't require a federal takeover of the tort system" (CongressDaily/AM, 9/18).