Tort reform for obstetricians fails in the Senate

A similar bill targeting help to emergency physicians is likely to be offered next.

By Tanya Albert, AMNews staff. March 8, 2004.

Organized medicine viewed a tort reform measure in the U.S. Senate aimed at helping obstetrician-gynecologists "a good first step," but the bill couldn't get a foot off the ground.

Despite the legislation's narrow focus, supporters didn't have the 60 votes needed to block a Democratic filibuster. By a 48-45 vote on Feb. 24, Senators rejected the idea of limiting debate on the measure, which called for capping pain and suffering awards in medical malpractice cases against ob-gyns to $250,000.

After the defeat, the American Medical Association, which has made tort reform its No. 1 legislative priority, said it will be "relentless" in continuing to pursue reforms for all physicians. "This will pass because patients will demand action," said AMA President Donald J. Palmisano, MD. "The question is when. The longer it takes, the more likely patients will be harmed."

Members of the Assn. of Trial Lawyers of America, who have been fighting against tort reform, disagree. They say passing reform that includes a cap would harm patients and not solve physicians' problems. "This is a victory for women and their children who are victims of the most serious medical malpractice and a defeat for the insurance industry and those trying to take away the rights of American families," said ATLA spokesman Carlton Carl.