• 16
  • February
    2011

At a markup last Wednesday, the House Judiciary Committee considered a medical malpractice reform bill seeking to cap damages in medical malpractice suits.

The proposed bill would put a three-year statute of limitations on medical malpractice claims, cap pain and suffering damages at $250,000, and limit punitive damages to the greater of either $250,000 or twice the amount of pain and suffering damages. The bill, if passed, would apply to suits in federal and state courts, but only in states that don't have their own tort reform laws.

The proposed bill failed on a tie, 13-13, after California Republican Elton Gallegly changed his vote from yes to no after consulting with Republican colleagues. Two Texas Senators, in particular, raised concerns that the bill may impose on state's medical liability limits, and that the federal government may not be able to do that under the Commerce Clause.

The two senators said they wanted to make sure that Texas is able to retain its own law capping pain and suffering damages at $250,000. They believe each state should be allowed to decide its own law regarding liability caps, and referenced the Tenth Amendment and states' rights of self-determination.

According to Congressional aides, the bill would not override Texas law since it is targeted at states that do not already have tort reform laws rather than at ones already having limits.

Republicans are still fairly confident the bill will go on, but the GOP views the concerns voiced by the senators as invalid, and an unnecessary distraction. Chairman of the Judiciary Committee Lamar Smith stated that he doesn't foresee any problems with getting the bill to the House floor.

In terms of the wider debate, Republicans took the familiar stance that medical malpractice lawsuits increase health care costs and force physicians to pay expensive malpractice insurance premiums. Democrats, on the other hand, argue that most injured patients don't sue for malpractice, that limiting malpractice claims is unfair to injured patients, and that health care costs wouldn't really be reduced by limiting malpractice claims. Democrats sought to insert seven amendments carving out exceptions into the bill, and two other Democratic amendments were withdrawn.

The House Judiciary Committee is set to reconsider the bill this week.

Medical malpractice suits can involve misdiagnosis or failure to diagnose a serious disease, surgical errors, prescription and medication errors, birth injuries, or emergency room errors.

Source: Politico, "Tort reform bill hits speed bump," David Nather, 10 Feb 2011.