Kaiser Daily Health Policy Report Examines Developments Related to Medical Malpractice in Four US States
Oregon: The Oregon Medical Association and the state Board of Medical Examiners on Monday called for a new state law to clarify that the board must receive reports on malpractice claims for all licensed physicians in Oregon, the Oregonian reports. A 1987 state law requires commercial health insurers and HMOs to submit to the state negligence claims against their physicians. However, "weak enforcement and conflicting interpretations have led to incomplete reporting, depriving the medical board of a tool to identify potentially dangerous doctors," the Oregonian reports. OMA President Robert Dannenhoffer said that the group "will work for and strongly support clarification" of the law. Several state lawmakers said that they support clarification of the law, and some have begun to draft legislation to address the issue. OMA and the state medical board made the announcement after the Oregonian reported that a former Oregon surgeon disciplined by the board for negligence later obtained a position in Australia, where he faces an investigation for 13 patient deaths. According to the Oregonian, clarification of the law would have "triggered earlier scrutiny" of the surgeon, whose malpractice claims were not reported to the state for more than ten years by his former employers, Kaiser Permanente Northwest and Oregon Health & Science University (Colburn/Woodward, Oregonian, 11/8).
Washington: Voters rejected a ballot measure on Nov. 8 that would have capped jury awards in medical malpractice cases, the Seattle Times reports. The measure, supported by physicians and opposed by plaintiffs' attorneys, would have regulated attorney fees and implemented a $350,000 cap on noneconomic damage awards. The two opposing sides spent more than $14 million for their campaigns, more than doubling the previous spending record for an initiative campaign. In addition, voters rejected a competing measure sponsored by trial lawyers that was "aimed at disciplining bad doctors" and implementing new regulations on insurance companies, according to the Times (Thomas/King, Seattle Times, 11/9).
Wisconsin: The state Senate on Tuesday voted 19-14 to approve legislation that would establish a two-tiered cap on noneconomic damages in malpractice lawsuits, the Milwaukee Journal Sentinel reports (Walters, Milwaukee Journal Sentinel, 11/8). Wisconsin first established a cap on damages in malpractice lawsuits in 1975, when the state enacted a $1 million cap on noneconomic damages. The cap expired in 1991, and the state enacted a $350,000 cap on noneconomic damages in 1995. However, in July, the state Supreme Court ruled that the 1995 cap violated the state constitution. The bill would establish a $450,000 cap on noneconomic damages in malpractice lawsuits in which the plaintiffs are adults and a $550,000 cap in cases in which the plaintiffs are minors (Kaiser Daily Health Policy Report, 11/4). In addition, the legislation would require recommendations on whether the state should increase the caps every two years. The bill would not cap economic damages in malpractice lawsuits. The legislation moves to Gov. Jim Doyle (D) for consideration. Doyle spokesperson Dan Leistikow said the governor plans to veto the bill because the state Supreme Court in July ruled that a similar state law was unconstitutional. The state Legislature likely will not have the ability to override a veto of the legislation (Walters, Milwaukee Journal Sentinel, 11/8).
"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Kaiser Raport zilnic de sãnãtate analizeazã evoluþia politicii legate de incompetenþã medicalã în patru state din SUA - Kaiser Daily Health Policy Report Examines Developments Related to Medical Malpractice in Four US States - articole medicale engleza - startsanatate