Tort Reform Spurs Protests
House Set to Address Controversial Proposal
Posted: 2:11 pm EST February 9, 2005Updated: 2:53 pm EST February 9, 2005
ATLANTA -- Dozens of protestors rallied at the state Capitol Wednesday to voice support or opposition to a recently approved Senate measure that would impose tighter rules for those who sue doctors for malpractice.
Many in the state's medical community have expressed support for Senate Bill 3, saying the reform could lead to lower premiums for malpractice insurance.
"Our premiums are escalating out of sight," said Don Faulk, a spokesman for the Georgia Hospital Association. "And those dollars are eating up dollars that really need to be used for patient care."But opponents have said the rules could give short shrift to those who suffer at the hands of negligent physicians."We're more interested in patient safety," said Bill Brown, a spokesman for the Georgia chapter of the AARP, who added that his group believes that monetary caps will not reduce premiums.The House is expected to take up the proposal soon, possibly as early as Thursday.The Senate approved the legislation after the state's largest malpractice insurer, MAG Mutual, promised senators in a letter that the firm would lower premiums 10 percent if the malpractice bill was approved.The measure limits awards for some damages at $750,000 for people hurt by negligent doctors, and also tweaks rules in the legal system to discourage frivolous lawsuits and encourage people to settle out of court. Republicans, who control the Senate and generally favor the malpractice changes, prevented Democrats from suggesting changes to the malpractice bill.Democrats who opposed the bill have said doctors' premiums are too high, but that insurance companies -- not injured patients -- are to blame. They also tended to side with senior groups like the AARP, who said it was unethical to put a price limit on what could be awarded for wrongful death. The bill limits those pain-and-suffering awards, called non-economic damages, at $250,000 per negligent party, to a maximum of $750,000.The bill makes sweeping revisions to malpractice lawsuit rules, most of them to shield doctors from expensive litigation. The bill includes tighter rules for expert witnesses, requiring that a doctor testifying that another doctor erred be currently working in the same field. Other changes include a penalty for people who refuse an out-of-court settlement. If someone gets an offer from an insurer, but chooses a jury trial instead, they would have to pay the doctor's legal costs if the jury ends up awarding them about the same as the pre-trial offer. That change is intended to encourage patients to settle out of court. There was one small nod to patient advocate groups, who argued the malpractice bill goes too far to protect doctors.The bill includes a requirement that doctors who settle any malpractice claim report the claim to the state Board of Medical Examiners. Now doctors only have to report claims over $10,000, and patient advocates say there isn't enough being done to punish negligent doctors.Channel 2 Action News reporter Carrie Edwards contributed to this report.
Many in the state's medical community have expressed support for Senate Bill 3, saying the reform could lead to lower premiums for malpractice insurance. Copyright 2006 by WSBTV.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.












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