Trial Lawyers Beating Back Medical Tort Reform

By March 3, 2008Briefly Legal, Health Care

All this reported last week….

  • From Texas: “Class action challenges Texas cap on medical malpractice damages.”
  • From Hawaii: “Tort Reform Bill Dies” — KHNL-TV reports that House Judiciary Chairman Tommy Waters refused to hold a hearing on a medical malpractice bill, in effect killing the legislation. Waters, an attorney, is a favorite of the plaintiff’s bar.
  • From Georgia: “Tort reform’ gets a frontal assault — “The Daily Reporter reports, “Attorneys for a man claiming to have been rendered quadriplegic by mistakes made in a Douglas County emergency room argued last week that the entire law passed as Senate Bill 3 should be declared unconstitutional.” Senate Bill 3 was the 2005 legislation that capped no-economic damages at $350,000 and protected ER doctors from liability without a finding of “gross negligence.”
  • From Colorado: “Bill lifts damages cap for medical injuries” — The Denver Post reports that legislation to increase the cap for non-economic damages in medical malpractice suits passed in its first go-around in the Senate 18-15. The bill is supported by the Colorado Trial Lawyers Association, opposed by the Colorado Medical Association. “Right at the time we should be trying to lower costs and increase access, this legislation is going in the wrong direction,” said Sen. Josh Penry, R-Grand Junction.
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