Kaiser Daily Health Policy Report Examines Medical Malpractice Developments in Two States

The following summarizes recent developments related to medical malpractice insurance in two states.

• Connecticut: The state Senate on Tuesday voted 22-14 to pass a medical malpractice bill that includes a tax credit for physicians but does not include a cap on noneconomic damages in lawsuits, the Hartford Courant reports (Keating, Hartford Courant, 5/4). The state House last week approved the bill but rejected an amendment that would have capped noneconomic damages in malpractice lawsuits at $350,000 for physicians and at $650,000 for hospitals, except in cases of "gross, willful or wanton misconduct," in which case the amounts could have tripled (Dixon, Connecticut Post, 5/4). The bill requires judges to review malpractice lawsuits; judges also would oversee pretrial mediations to attempt to avoid trials. In addition, the bill would establish a tax credit that would cover 100% of the cost of malpractice insurance premiums for physicians, provided that the cost exceeded 25% of their taxable incomes (Hartford Courant, 5/4). The bill also would limit attorney fees in malpractice lawsuits to 33% of damage awards or settlements and would establish guidelines for oversight of the health care industry (Connecticut Post, 5/4). Timothy Norbeck, executive director of the Connecticut State Medical Society, called the bill "completely inadequate" and said that the legislation would reduce malpractice insurance premiums by 2% or less. Norbeck added that physicians will continue to lobby the state Legislature to pass legislation to cap noneconomic damages in malpractice lawsuits. The bill moves to Gov. John Rowland (R) for consideration; Rowland has said that he would veto malpractice legislation that does not include a cap on noneconomic damages (Hartford Courant, 5/4).
  
  
• New Hampshire: The state Senate on April 29 voted 19-3 to approve an amended version of a state House bill (HB 1413) that would establish a committee chaired by a judge to review malpractice lawsuits before they proceed to trial, the Manchester Union Leader reports. The committee also would include a physician and an attorney. Under the bill, the committee can determine damages in cases in which defendants admit liability, provided that both parties agree. In cases in which lawsuits proceed to trial, attorneys can submit the results of committee reviews as evidence. Supporters maintain that the legislation would lead to reduced malpractice insurance premiums within three to five years as the number of trials of malpractice lawsuits decreased (Hastings, Manchester Union Leader, 4/30). However, opponents questioned whether the bill would lead to decreased malpractice insurance premiums because the state does not have a history of high damage awards in malpractice lawsuits (Nashua Telegraph, 4/30). Opponents also said that "those suffering damages caused by medical mistakes would suffer the most" under the bill, which they said "could be unconstitutional," the Union Leader reports (Manchester Union Leader, 4/30).