Mississippi Legislature Approves Bill Limiting Awards in Medical Malpractice Lawsuits

The Mississippi Legislature on Oct. 7 approved legislation that would cap awards in malpractice lawsuits against physicians, hospitals and nursing homes, ending a "month-long standoff" between House and Senate negotiators, the Memphis Commercial Appeal reports. The House voted 88-31 and the Senate 41-6 to limit jury awards for noneconomic damages to $500,000. The cap would be raised to $750,000 in 2011 and $1 million in 2017. Also under the approved legislation, malpractice suits must be filed in the county in which the alleged malpractice occurred; doctors or nurses who volunteer their services would be immune from malpractice lawsuits; the statute of limitations in cases against nursing homes would be reduced from three to two years; and a doctor who is listed among multiple defendants must be found to be more than 30% at fault to be held responsible for up to 50% of the final jury award. Despite the fact that the legislation does not include a proposal requested by Gov. Ronnie Musgrove (D) that would have created a state-administered malpractice insurance pool, the governor is expected to sign the bill, according to a statement released by his office. The Legislature's approval of the bill ends more than a month of negotiations between state House and Senate officials during a special session called by Musgrove to address medical malpractice insurance problems in the state. Many insurers have left Mississippi, causing malpractice premiums to rise "dramatically" and some doctors to end their practices. Dr. John Cook, president of the Mississippi State Medical Association, said of the approved bill, "It affords an opportunity for insurance companies to come back into Mississippi. I don't think it will be immediate, but it will happen over the next 18 to 24 months." But David Baria, president of the Mississippi Trial Lawyers Association, said the legislation will do little to address the "immediate" insurance crisis and added that the caps do not discourage "frivolous" lawsuits. "[The cap] is a rigid, draconian measure that penalizes the most egregiously injured citizens who need our system," Baria added (Branson, Memphis Commercial Appeal, 10/8).

Malpractice Action
The following rounds up coverage of action in other states regarding medical malpractice reform:

• Missouri: Gov. Bob Holden (D) on Oct. 7 said he has scheduled a public hearing to look into the reasons why medical malpractice insurance premiums are rising in Missouri, the St. Louis Post-Dispatch reports. Speaking to members of the Cape Girardeau, Mo., Medical Society, Holden noted that the state's annual report on medical malpractice indicates that the percentage of premiums insurers expect to pay out fell to its lowest level in seven years last year. He said, "The 2001 market data don't show any conditions in Missouri that would warrant the kind of premium increases and availability problems that I'm hearing from the state's doctors." According to the Post-Dispatch, a recent survey of 582 doctors in the state by the Missouri State Medical Association found that malpractice premium rates rose almost 100% over the last two renewal periods. "In the end, patients pay for these costs, and the quality of health care in our state suffers," Holden said. The hearing is scheduled for Oct. 30 and will be hosted by the state Department of Insurance, which will invite insurers, doctors, plaintiffs' attorneys and trade groups to testify (Carey, St. Louis Post-Dispatch, 10/8).
  
• Ohio: Gov. Bob Taft (R) and Tim Hagan (D), his opponent in the Nov. 5 gubernatorial election, last week "sharply disagreed" over the need for caps on jury awards in medical malpractice lawsuits, the Dayton Daily News reports. Speaking before Daily News editors and reporters, Taft said he supports proposed legislation that would limit jury awards for pain and suffering in medical malpractice cases to $300,000. The bill would not limit economic damages. Hagan said that such legislation "isn't needed" and instead has proposed the state set up a medical malpractice insurance pool (Hershey, Dayton Daily News, 10/4).
  
• Pennsylvania: The state House of Representatives on Oct. 7 passed legislation that would require plaintiffs in medical malpractice cases to file suit in the county in which the alleged malpractice occurred, the Philadelphia Inquirer reports. The legislation, which passed 186-12, is intended to preclude the practice of "venue shopping," in which plaintiffs seek out courts where they are more likely to win their case, such as Philadelphia. "Jury verdicts in Philadelphia historically have tended to be higher, and in some cases excessively higher, than in other jurisdictions," state Rep. Thomas Gannon (R), the bill's sponsor, said (Philadelphia Inquirer, 10/8).