Vote of confidence for tort reform: Victory at the ballot box

Physicians plan to build on the momentum to accomplish more changes at the state and federal levels.

Editorial. Dec. 13, 2004.

On election day, physicians showed what a powerful force for change they can be. Voters in Florida, Nevada and Wyoming passed ballot initiatives championed by doctors, their state associations and the AMA that will help ease the medical liability crises in those states. Their efforts follow in the footsteps of Texas physicians, who last year gained voter approval for their tort reform measure.

These direct appeals to citizens won because physicians brought home the real-life impact that out-of-control liability premium increases have on health care in their communities. How all the anesthesiologists in the Wyoming cities of Riverton and Lander had to quit because of high rates, forcing hospitals to use temporary traveling physicians. How Nevada has the highest percentage of physicians -- nearly 20% -- who have stopped practicing obstetrics. How neurosurgeon shortages in some Florida communities are hurting patients' ability to get timely emergency care.

The bottom line: Once informed about the liability problem, voters recognized the need to preserve access to medical services and supported the physicians who provide that care.

Their votes resulted in an end to exceptions to the $350,000 noneconomic damages cap and passage of several other reforms in Nevada, limits on attorneys' share of malpractice awards in Florida, and approval of a medical review panel to weed out frivolous lawsuits against doctors in Wyoming.

These victories are a testament to voters' trust in physicians. In each state, trial lawyers fought fiercely against the physicians' measures and in some cases even waged misinformation campaigns.