House passes bill limiting malpractice awards for patients

Friday, September 27th 2002, 12:00 am

By: News On 6

WASHINGTON (AP) _ The House passed a measure to cap the pain-and-suffering damages that juries may award in medical malpractice suits as lawmakers struggled for a way to curb escalating malpractice insurance rates.

The 217-203 vote came after a lengthy debate that included stories of doctors forced to quit their practices or relocate because of rising insurance costs.

``With greater and great frequency doctors are not there ... because they've been priced out of the healing profession,'' said Rep. James Sensenbrenner, R-Wis., chairman of the House Judiciary Committee.

The bill faces an uncertain future in the Democratic-controlled Senate, which has already rejected a similar measure.

Democrats questioned whether the legislation would simply be a boon for insurers after Republicans rejected Democratic attempts to require that savings be used to lower malpractice insurance premiums. The bill would do little for patients, they argued.

``People aren't going to get any better health care because of this bill,'' said Rep. Stephanie Tubbs Jones, D-Ohio. ``The reality is this bill does none of the things claimed.''

But Republicans were buoyed by support from the White House, business groups, insurers and hundreds of physicians.

``This is the moment of truth,'' said Dr. Donald Palmisano, president-elect of the American Medical Association. ``Without reforms, patients, trauma centers, maternity wards and physicians are all at the mercy of an out-of-control liability system.''

The House legislation would limit noneconomic damages, such as pain and suffering, to $250,000. Punitive damages would be limited to twice the amount of economic damages awarded or $250,000, whichever is greater.

Patients' ability to file lawsuits over old cases would be limited under the legislation, which would also curtail lawyers' fees.

In tackling the issue, the House waded into a debate that is already taking place in dozens of states. Nevada Gov. Kenny Guinn, a Republican, recently signed into law a bill that caps pain-and-suffering awards, and Mississippi legislators have been in a special session for weeks trying to craft a bill.

For doctors, the relief is sorely needed, supporters said.

``There definitely has to be a cap,'' said Dr. Khadra Osman, a gynecologist in Fort Lauderdale, Fla., who recently had to drop her obstetrics practice after seeing her yearly malpractice insurance rate go from $32,000 in 2000 to $74,000 in 2002. ``I cried with every single patient of mine who was pregnant.''

Dr. Robert Comeau, a Las Vegas obstetrician, understands. He recently began scaling back his practice because his insurer is going out of business and he envisions trouble getting affordable insurance. Already, he has gotten estimates of up to $100,000 for malpractice insurance.

``If I have a lot of deliveries, if I'm in the emergency room, I won't be as marketable,'' said Comeau, who has scaled back to only 125 deliveries a year. He now works in only one emergency room instead of four. ``It is very frustrating. My wife wants me to move. Some of my friends have their houses up for sale. Others are getting new licenses in other states.

``I'm going to seriously look at leaving if something doesn't happen,'' Comeau said.