U.S.A. - Medical Malpractices Bill
Medical malpractices bill is defeated in Senate
By Vasantha Arora

Dr. R. Vijayanagar

Washington - A medical malpractices bill seeking to cap damage awards in medical malpractice cases and regulate liability claims against obstetricians and gynecologists, was defeated in the Senate despite Republican party efforts to link the issue to women’s health.

A motion to end debate on a bill (S-2061) limiting non-economic damages awarded in malpractice lawsuits against obstetricians and gynecologists fell well short of the 60 votes needed to allow the measure to proceed to a Senate floor vote.

The 48-45 vote on Feb. 24 was largely split along party lines Republican Senators Michael D. Crapo of Idaho, Lindsey Graham of South Carolina and Richard C. Shelby of Alabama voted with Democrats against the motion. Robert C. Byrd of West Virginia was the only Democrat to vote for closure.

The bill would cap non-economic damages, such as for pain and suffering, at $250,000. It would limit punitive damages to twice the amount of economic damages, or $250,000, whichever figure is larger. The Republicans tried to link bill to women’s access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services. GOP lawmakers say capping damages would help keep malpractice insurance premiums down and ensure that specialists continue to practise in their field.

Democrats counter that the bill actually would discriminate against women by capping the awards they receive and allowing other groups to recoup higher damages.

They say that malpractice awards are not the problem. They argue that high premiums are the result of an insurance industry that is trying to recoup investment losses by raising premiums.

GOP leaders actually narrowed the scope of the measure to only apply to obstetricians and gynecologists, who as a group have some of the highest malpractice premiums in the country. Republicans say excessive judgments in malpractise cases are driving up premiums, forcing specialists out of practise and threatening to restrict women’s access to care.

Meanwhile Indian-American physicians expressed disappointment at Democratic opposition to the medical malpractice reform bill, S. 2061. “I am so disappointed by the mostly party-line vote by Senators on medical malpractice reform designed to limit excessive lawsuits against ob/gyn physicians in America,” said Indian-American Republican Council chairman Dr. R. Vijayanagar. “This vote is yet another affront to more than 35,000 Indian-American physicians who have dedicated their lives to providing the very best health care to their patients.”