Tort reform clears House, moves forward in states

Compromise legislation is in the works in the Senate, traditionally a dead end for medical liability measures.

By Tanya Albert, AMNews staff. April 7, 2003.

Physician medical liability rallies, protests and old-fashioned lobbying seem to be paying off as tort reform action at the federal and state level takes full bloom this spring. But tough challenges are still ahead.

The U.S. House of Representatives in March passed tort reform that includes a $250,000 cap on noneconomic damages -- something physicians have clamored for, believing it will help stabilize medical liability insurance premiums that have driven some doctors out of business.

Meanwhile, at the state level, West Virginia, Arkansas and Idaho passed measures in March, and a half-dozen other state legislatures from New Jersey to Washington made progress on tort reform proposals.

As state lawmakers continue to grind away, national attention now turns to the Senate, which has been the demise of federal tort reform in previous years. When the House passed tort reform last session, a Senate bill died in committee.

This year, though, Republicans narrowly control the Senate. Legislation could go to the Senate floor as early as May. But Democrats have already vowed to oppose any bill with a $250,000 cap. They favor reform of insurance laws as the way to bring liability premiums under control. Still, with Bush administration backing and national polls that show most Americans support reasonable action, tort reform advocates remain confident that Congress will adopt a measure this year.

"This will eventually be fixed because the American people will demand it," said American Medical Association President-elect Donald J. Palmisano, MD. "Patients' lives are in danger. We don't want to see additional cases of patients in an hour of need not having a physician available."