Kaiser Daily Health Policy Report Examines News Coverage of State Medical Malpractice Developments
The following summarizes news coverage of recent developments related to medical malpractice insurance in five states.
- Florida: The state has not had a large increase in malpractice lawsuits relative to population growth since 1990, according to a recent study conducted by professors at Duke University, the Tallahassee Democrat reports. For the study, which will appear in the DePaul University Law Review, sociologist Neil Vidmar and attorney Paul Lee, both professors at Duke, analyzed information on malpractice claims filed with the Florida Department of Health since 1975. According to the study, 2,776 malpractice claims were filed in Florida in 1990, compared with 2,063 in 2003. The numbers include malpractice claims later settled out of court. Based on 2003 dollars, average awards in malpractice lawsuits in Florida increased from $176,603 in 1990 to $300,280 in 2003, the study found. However, the study found that the "vast majority of million-dollar awards were settled around the negotiation table rather than in the jury room." According to the study, "At this stage, debate about the role of juries in so-called 'mega' awards is misplaced insofar as Florida is concern." However, Frank O'Neil, senior vice president of investor relations and corporate communications at ProNational Insurance, said, "Our results show just the opposite. I think what you are proving is we have conflicting information" (Scott, Tallahassee Democrat, 3/16).
- Maryland: The state Senate on Monday voted 42-4 to approve a bill that would implement a fund to help physicians pay malpractice insurance premiums and place a cap on noneconomic damages in malpractice lawsuits, the Baltimore Sun reports. The legislation, which moves to the state House for consideration, would address some technical problems with a medical liability reform bill enacted last December (Baltimore Sun, 3/15).
- Missouri: The state House and Senate on Wednesday passed a bill that would cap noneconomic damages in malpractice lawsuits at $350,000, the AP/Las Vegas Sun reports. In addition, the legislation would cap punitive damages in all lawsuits at $500,000, or five times actual damages, whichever is higher. The bill also would require higher income co-defendants in all lawsuits to pay damages for lower-income co-defendants only when they are found at least 51% liable. The legislation moves to Gov. Matt Blunt (R) for consideration. Blunt said that the bill would "help make Missouri a better place to practice medicine and provide health care" (Lieb, AP/Las Vegas Sun, 3/16).
- New Hampshire: The state House Judiciary Committee on Tuesday held a hearing to consider four medical malpractice reform proposals, but disagreements on the proposals indicate that "[l]awyers and doctors are no closer to agreeing on medical malpractice reform this year than they were last," the AP/Boston Globe reports. Two of the proposals would create screening panels for malpractice lawsuits in which a judge, lawyer and doctor would review claims before they go to court. Similar proposals have been introduced in Maine and Massachusetts. Several doctors voiced support for one of the screening panel proposals and rejected the remaining initiatives, while others argued none of the proposals would go far enough. Meanwhile, lawyers at the hearing stated that some research has shown that similar reforms in other states have had little effect on insurance premiums. The AP/Globe reports that the state Senate will address malpractice reform later in March when it considers a bill modeled after one in Maine. Last year, the state House and Senate proposed the creation of medical review panels but they failed to pass the legislation (Saunders, AP/Boston Globe, 3/15).
- Washington: State Democratic and Republican lawmakers this week unveiled separate medical malpractice reform plans that, if passed by the state Legislature, would be placed on the November ballot for approval by voters. Democrats on Monday introduced Plan B, which takes provisions from two existing initiatives already set to go before voters in November - Initiative 330 and Initiative 336 - and "adds an arbitration option for settling medical-negligence disputes," the Seattle Times reports (Ostrom, Seattle Times, 3/15). Entering arbitration would be voluntary for both sides, but the results would be binding for claims of $1 million or less. The proposal also includes provisions to increase notification of "near misses" and serious injuries or death resulting from errors, as well as increased regulation of medical malpractice premium rate increases (Galloway, Seattle Post-Intelligencer, 3/15). The plan also includes a "three-strikes" provision for doctors but does not include caps on awards for noneconomic damages or on lawyers' fees (Seattle Times, 3/15). According to the Post-Intelligencer, Plan B is expected to pass the Democrat-controlled Legislature (Seattle Post-Intelligencer, 3/15). Meanwhile, Republican state lawmakers on Tuesday introduced their own proposal, Plan A, which also combines aspects of Initiatives 330 and 336. The plan includes a "joint and several liability" provision; penalties for lawyers who file frivolous lawsuits; a provision to move disciplinary action against providers to superior court after the state disciplinary commission has determined that charges should be filed; an "early settlement offer" provision that would discourage patients from receiving damage awards after rejecting a "good-faith offer" of economic expenses from a provider; a "three-strikes" provision; a lower standard of proof for suspension or revocation of a doctor's license; and a time limit on malpractice actions. The plan does not call for noneconomic damage award caps. Plan A is not expected to pass the state Legislature (Ostrom, Seattle Times, 3/16).
This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.