States Taking Action on Malpractice Caps
NU Online News Service, June 17, 4:26 p.m. EDT?Florida is considering a cap on medical malpractice damages at a special legislative session, which began yesterday and is expected to last four days.
Last week, the Ohio state Senate passed a cap, and a cap was signed into law in Texas.
In Florida, the major proposal under consideration is a $250,000 cap on non-economic (pain-and-suffering) damages. Gov. Jeb Bush and the state House are on record as supporting the cap, but the cap proposal was previously stalled in the state Senate.
Cap advocates argue that malpractice rates eased in California after that state adopted a $250,000 cap. Those against the cap point to studies, such as the recent one by Weiss Ratings of West Palm Beach, Fla., which concluded that caps do not in fact lower premiums.
The damages cap passed by the Ohio Senate is $100,000, and is part of the state's tort reform package. The state previously passed a $350,000 medical-malpractice cap.The Ohio bill has been sent to the State House of Representatives for consideration.
Stephen Schneider, who has been following the Ohio bill for the Washington, D.C.-based American Insurance Association, said "the lines have been drawn on the bill, but not necessarily on a [politically] partisan basis." He could not predict what the Ohio House would do, but did note that Gov. Bob Taft supports reforms and would probably sign the bill if it is passed by the House.
Gov. Rick Perry of Texas recently signed a medical malpractice reform law containing a $250,000 cap.
© Arc, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to TMSalesOperations@arc-network.com. For more information visit Asset & Logo Licensing.