Mississippi Governor Signs Bill Capping Awards in Medical Malpractice Suits

Mississippi Gov. Ronnie Musgrove (D) on Oct. 8 signed into law a compromise medical malpractice bill that caps awards in malpractice lawsuits against physicians, hospitals and nursing homes, the AP/Memphis Commercial Appeal reports (Straziuso, AP/Memphis Commercial Appeal, 10/8). The law, which takes effect Jan. 1, limits jury awards for noneconomic damages in malpractice lawsuits to $500,000. The cap will increase to $750,000 in 2011 and to $1 million in 2017. In addition, the law requires plaintiffs to file malpractice lawsuits in the county in which the alleged malpractice occurred. The law also gives doctors or nurses who volunteer their services immunity from medical malpractice lawsuits and reduces the statute of limitations in cases against nursing homes from three to two years. Under the law, doctors listed among multiple defendants must be found more than 30% at fault to be held responsible for up to 50% of the final jury award (Kaiser Daily Health Policy Report, 10/8). "Today, Mississippi's health care crisis has been addressed. The end result of this long special session was a piece of legislation that offers a foundation for better health care in Mississippi," Musgrove said. Dr. John Cook, president of the Mississippi State Medical Association, said that the law will stabilize the malpractice insurance market in the state within two years. "This will open the door for insurance companies to come back to Mississippi," he said. However, according to Mississippi Trial Lawyers Association President David Baria, the law "does absolutely nothing to fix the doctor's problem of getting affordable insurance." The MTLA plans to fight the constitutionality of the law, he said (AP/Memphis Commercial Appeal, 10/8).