Kaiser Daily Health Policy Report Rounds Up Coverage of State Action on Medical Malpractice
Several states around the country have recently taken action to address the rising costs of medical malpractice insurance premiums for doctors. Following are summaries of those actions:
- Florida: Gov. Jeb Bush (R) and top state House and Senate lawmakers concur that medical malpractice reform should be "one of the top issues" for the coming legislative session, the AP/St. Petersburg Times reports. Bush said, "We have a looming crisis that will impede or impact the quality of care and so we have to act. Some degree of litigation reform is necessary to attract insurance into the state." State Sen. Anna Cowin (R) said that "a number of issues" are being addressed by a task force established by Bush, adding that "caps on pain-and-suffering damages would likely be a part of any bill" introduced in the Senate, according to the AP/Times. House Speaker Johnnie Byrd (R) added that caps would "probably be one of the many solutions that would come up" (AP/St. Petersburg Times, 11/21).
- Ohio: The state Senate on Nov. 21 voted 22-9 to approve a measure that would cap medical malpractice awards at $750,000, the AP/Akron Beacon-Journal reports. The measure will not affect financial awards for medical expenses or lost wages. Most Democratic legislators oppose the bill, claiming it does not "do enough to hold insurance companies responsible" for rising rates, according to the AP/Beacon-Journal. The state House is considering similar legislation that would cap pain-and-suffering awards at $1 million (Welsh-Huggins, AP/Akron Beacon-Journal, 11/21).
- Pennsylvania: Gov.-elect Ed Rendell (D) on Nov. 19 announced his plan to address the state's medical malpractice insurance "crisis," the Philadelphia Inquirer reports (Goldstein, Philadelphia Inquirer, 11/20). Rendell appointed a task force of doctors, trial lawyers, hospital administrators and insurance executives with instructions to "report back within 60 days" with short-term solutions. He gave the group six months to craft long-term policies. Rendell said that there is no single "silver bullet" solution, adding, "This is a serious problem. We are taking it seriously" (Goldstein, Philadelphia Inquirer, 11/20). A member of Rendell's transition team said, "He is looking for comprehensive consensus reforms that include tort reform, economic relief for physicians and vulnerable hospitals and improved regulation for the insurance industry." The official continued, "Part of what the task force is going to consider is ways to reduce medical errors and improve patient safety, including broader oversight of health care matters" (Philadelphia Inquirer, 11/20).