GOVERNMENTPennsylvania physicians' efforts on liability reform hit a roadblockIn Wyoming, legislators discuss tort reform in a July special session.By Tanya Albert, amednews staff. July 26, 2004. Pennsylvania doctors are back to square one in their quest for a cap on noneconomic damages awarded in medical malpractice lawsuits. Physicians thought they were on their way to asking voters to change the state's constitution to allow a cap, but judiciary committees in the Pennsylvania House and Senate in July failed to pass a bill that was a key step in putting a referendum on the ballot. "This was a real blow," said Nicholas DiNubile, MD, a Delaware County, Pa., orthopedist who has watched peers leave Pennsylvania. "Just when you think you have momentum, a few powerful people can stop it." Spring 2007 is now the earliest that the state's residents would be able to vote on a ballot measure that would pave the way for jury award limits. For a referendum to be held, the House and Senate must pass a bill authorizing it in two consecutive legislative sessions. Even if the question were to make it to the ballot and then pass, caps wouldn't take effect right away. The Legislature would first have to pass a bill setting a dollar limit on the pain and suffering awards in medical malpractice trials. Despite the latest setback, physicians are holding out hope. "We seem to be getting closer," said Ronald Martin, MD, a rural general practice physician in Cambridge Springs. "It will eventually happen." Physicians and insurers contend that caps on noneconomic damage awards will help stabilize the medical liability climate in Pennsylvania. Trial lawyers acknowledge that rising liability insurance costs have created problems for some physicians. But they say they don't believe that caps are the answer. Instead, they contend, patient safety measures and insurance industry reforms would rein in medical liability insurance premiums. [...]Full text of American Medical News content is available to AMA members and paid subscribers.
Copyright 2004 American Medical Association. All rights reserved.
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From the vault: 5 years agoChallenges in state courts: New tort reforms under fire Nov. 1, 2004 
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