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May 11, 2007

House kills proposal to raise barriers to suits claiming medical malpractice

A bill that would have made it harder for patients to sue for medical malpractice was killed in the House on Monday, May 7th. It's part of a continued effort by lawmakers to raise the legal barriers to sue doctors and hospital personnel. An identical bill passed the Legislature last year, only to be vetoed by Gov. Janet Napolitano. The legislation would have required "clear and convincing" evidence that a doctor or other medical personnel performed work poorly. The current standard is the "preponderance of evidence," an easier legal threshold. It would have pertained to staffers in emergency rooms and on-call doctors. However, it would not have stopped people from suing if they felt they had been wronged, argued Rep. Bob Stump, R-Peoria, who also is chairman of the House Health Committee.

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