Physician Lobby Shifts Strategy on Medical-Liability Reform
The Republican-controlled House passed legislation year after year that would have established a cap on the amount of money a plaintiff could win in a lawsuit against a physician. That bill specifically called for a $250,000 maximum in so-called non-economic damages, which include “pain and suffering” payouts. The bill would not have limited the amount of money that could be awarded to make up for the costs of medical treatment or lost wages or for punitive damages. Senate Democrats, with help from a handful of Republican colleagues, stymied the bill, to the consternation of physician lobbyists under pressure from the doctors they represent to secure a legislative victory on one of their top priorities. The House and Senate both passed patients’ bills of rights in 2001 but the legislation never made it to conference, largely because of opposition from the White House. Physicians were among the strongest proponents of the legislation, which aimed to place limits on health-insurance policies restricting access to medical treatments. Although the federal effort failed after years of negotiations, many of the proponents’ aims were met by lawmaking at the state level and by health insurers acting on their own to eliminate some controversial practices. Likewise, the physician lobbyist said, a growing number of states have stepped in to tackle medical-malpractice insurance issues. The lobbyist credited work at the federal level with helping to spur action by the states.
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