Doctors so far go one for two in state tort reform battles

Washington voters rejected an initiative that would have capped noneconomic damages, but the Wisconsin Senate approved a bill limiting the amount plaintiffs can receive.

By Mike Norbut, AMNews staff. Nov. 28, 2005.

Tort reform votes in two states earlier this month yielded mixed results for physicians. Voters rebuffed a physician-backed measure in Washington. Meanwhile, the Wisconsin Senate passed legislation supported by doctors, although signature by the governor is doubtful.

In what was the most expensive referendum battle in Washington history, both the physician initiative and a measure backed by trial attorneys failed by significant margins. The physicians' proposal, I-330, which was headlined by a $350,000 cap on noneconomic damages, lost 55% to 45%. The measure backed by trial attorneys, I-336, was voted down 59% to 41%.

The two campaigns raised more than $14 million between them. The previous spending record for an initiative campaign was about $7 million, and that was regarding a taxpayer-financed stadium for the Seattle Seahawks football team.

In addition to the noneconomic damages cap, physicians sought to limit attorneys' contingency fees and change joint and several liability laws so defendants are not held responsible for more than their share of fault.

The attorneys' measure included a provision that called for a doctor's license to be revoked after three jury verdicts against him or her over 10 years. It also would have required lawyers who filed suit to file a certificate of merit from an expert who believed the claim was not frivolous.

"Physicians are disappointed that [I-330] did not pass," said Tom Curry, executive director of the Washington State Medical Assn. "At the same time, it carried 26 of Washington's 39 counties. About 550,000 people voted for their doctor and for access to care."