Legislation to limit medical liability
passed the House last month but is facing a tough sell in the Senate,
where supporters are fighting to get at least some Democrats on
board.
In Arkansas on Thursday, a crowd
gathered outside the Little Rock office of Arkansas Democratic Sen.
Blanche Lincoln to urge her to support the legislation. The event was
organized by the Coalition for Affordable and Reliable Healthcare, which
is lobbying Senate Democrats on the
issue.
Speaking to the crowd, which
included many doctors, was Leanne Dyess. She said her husband suffered
permanent brain damage from a car crash last year in Mississippi because
they couldn't find a neurosurgeon to provide immediate care. Neurosurgeons
had been forced out of practice on the Mississippi Gulf Coast by rising
medical liability costs.
"Like most
Americans, I had heard about some of these frivolous suits," Mrs. Dyess
said. "But I never asked, 'At what cost?' Well, as I watched Tony's
hospital call all over the state — and other states — looking for a
specialist to take care of him — I finally understood the cost. And
believe me, it's a terrible cost to
pay."
Medical liability reform is a
priority of President Bush and top Republicans, such as Senate Majority
Leader Bill Frist of Tennessee. But Senate Democrats almost uniformly are
opposed to the idea. Republicans do not have the 60 votes needed to
overcome blocking or delay tactics.
In
many states, including Florida, Mississippi, New Jersey and Nevada,
doctors face extremely high medical liability insurance premiums, which
are forcing some to move to other states or to retire. Supporters of the
reform legislation say frivolous lawsuits and high damage awards are to
blame.
Capping damages, they say, will
help reduce premiums and ensure that doctors can continue treating
patients.
But Democrats say limiting
medical liability would not reduce premiums and is unfair to patients
injured by negligence.
"It would deprive
seriously injured patients of fair compensation, and do nothing to
guarantee that doctors could obtain malpractice insurance at a fair
price," said Sen. Edward M. Kennedy, Massachusetts
Democrat.
The House in March passed a
bill to cap at $250,000 the amount of noneconomic damages, such as pain
and suffering, that could be awarded. It also would limit punitive damages
to twice the economic damages awarded, or $250,000, whichever is
greater.
In the Senate, Mr. Frist and
Utah Republican Orrin G. Hatch have been working with California Democrat
Dianne Feinstein to craft compromise
legislation.
At one point, the group
circulated a draft bill that would raise the cap on noneconomic damages to
$500,000, with some exceptions. But the California Medical Association
opposed it, insisting on the $250,000 limit, and the process
stalled.
CMA spokesman Peter Warren said
that if the cap were raised to $500,000, "most of the stabilization of
premium costs would be lost."
In light of
that opposition, Mrs. Feinstein "was not prepared to move forward and
introduce a bill," said her spokesman, Howard
Gantman.
Discussions are to resume this
week.
Meanwhile, Sen. John Ensign, Nevada
Republican, has introduced a Senate bill that is largely in line with the
House-passed bill. A Senate Republican leadership aide said leaders would
prefer the Ensign bill but realize it faces tough going. The aide said
discussions with Mrs. Feinstein will continue, but if a compromise is not
reached, leaders could opt to take the Ensign bill, the House-passed bill,
or some other alternative to the
floor.
"All of those options are still
alive, as is the timing," the aide said, adding, "there are people who
think this is an important issue and we ought to have a vote on it and let
the chips fall where they may."