Doctors pledge to fight after federal tort reform bills stall

Studies released in the days following the vote continue to fuel the fire.

By Amy Lynn Sorrel, AMNews staff. June 5, 2006.

The U.S. Senate in early May halted Republican-backed medical liability reform legislation for the fifth time in four years, but trial lawyers and organized medicine continue to wrangle over the issue. Doctors vowed anew to fight for a national solution to stabilize premiums and preserve access to care.

The effort, led by Senate Majority Leader Bill Frist, MD (R, Tenn.), fell short of the 60 votes needed to advance two measures to the Senate floor for formal consideration. One bill would have capped total noneconomic damages against multiple defendants at $750,000 and against individual physicians or health care professionals at $250,000.

A second bill would have applied a similar $250,000 limit on pain and suffering awards against doctors and facilities providing obstetric care. Total damages would have been capped at $500,000.

The issue was a high priority for President George W. Bush who said he was "disappointed" that the Senate did not respond to "a national problem that deserves a national solution." Bush reiterated that "frivolous and abusive lawsuits are encouraging the use of defensive medicine, which imposes substantial and unnecessary costs on all Americans."

Doctors say they remain optimistic because a majority of senators voted in favor of medical liability reform.

"The reality is that just because the Senate does not act, it does not mean the crisis is over," said Cecil B. Wilson, MD, chair-elect of the American Medical Association. "Our plan is that we will continue to fight hard at both the federal and the state level."