Senators reject tort reform again

Doctors warn that the vote will hurt patients' access to physicians.

By Tanya Albert, AMNews staff. April 26, 2004.

The third time wasn't the charm for medical liability reform.

The U.S. Senate on April 7 rejected an attempt to cap noneconomic damages at $250,000 in medical malpractice lawsuits involving emergency physicians and obstetrician-gynecologists. Physicians in these two specialties are among those hit hardest by rising liability insurance premiums.

In a 49-48 vote, the bill fell short of the 60 votes needed to stop a filibuster led by Democrats.

This is the third bill brought forward this session by Republican lawmakers who support physicians' efforts to control surging liability insurance costs through a cap on pain-and-suffering awards.

Last year, the Senate voted against a $250,000 cap in all medical malpractice cases, and earlier this year, there weren't enough votes to stop a filibuster on a bill for ob-gyns.

Tort reform proponents are disappointed but remain optimistic.

"In the end, the voice of the people will break through the trial lawyers' smokescreens," said American Medical Association Trustee J. Edward Hill, MD.

"The strides our country has made in reducing maternal and infant mortality through good prenatal care are being jeopardized," the American College of Obstetricians and Gynecologists said in a statement.