States Debate Medical Malpractice Law Reform

The recent legislative sessions have spurred debates on medical malpractice law reform in state houses across the nation. A medical malpractice law reform bill proposed in the Georgia Legislature would create a new government agency that would replace the court system in handling medical malpractice disputes. Democratic senators in Kentucky have accused their Republican counterparts of ramming through medical malpractice legislation. A proposal in Texas would ensure than patients claiming non-medical malpractice damages would not have their awards capped.

Georgia Medical Malpractice Law Reform Would Replace Courts

A new law proposed in Georgia would introduce radical medical malpractice law reform. Senate Bill 86 would create a new agency that would establish limits on the awards a medical malpractice victim could receive. The bill, also called the Patient Compensation Act, would require that doctors and other health care professionals make monetary contributions to an administrative fund that would cover the costs of those awards. Advocates of the medical malpractice law reform measure claim that it would prevent long and costly jury trials. Opponents allege that the bill is unconstitutional and would eliminate legal protections and appeals for patients.

Source: Atlanta Journal-Constitution

Kentucky Medical Malpractice Law Reform Adds “Accountability”

The Kentucky Senate passes a medical malpractice law reform bill that would require all medical malpractice cases be reviewed by a three-member panel of medical experts. The panels would go over all the pertinent material and offer a non-binding medical opinion within six months. State Senator Ralph Alvarado (R-Winchester), told reporters that the panel reviews would not prevent or delay a patient from pursuing a case in court, but that the medical malpractice law reform measure would add a “layer of accountability” to prevent baseless or false claims.

Democrats Oppose Medical Malpractice Law Reform

The medical malpractice law reform bill passed the Kentucky Senate 24-12, largely along party lines. Democratic senators opposed the bill, as well as voicing their perception that Republican senators were voting on bills before the Democrats or the voters had a chance to review them. Senator Ray Jones II (D-Pikeville) compared the Republican’s medical malpractice law reform measure to “the fox guarding the henhouse” and that “the people of Kentucky deserve an explanation” from Republicans on how such measures “further the interest of democracy.”

Source: Bowling Green Daily News

Texas Medical Malpractice Law Reform Seeks Exemption From Caps

Texas State Representative Chris Turner introduced a medical malpractice law reform bill that would specify the definition of a “claimant” under the state’s Medical Liability Act. Representative Turner’s proposal would ensure that only patients who pursue medical malpractice claims would be covered under the state’s laws regarding award caps. According to Turner, the medical malpractice law reform would make sure that a potential suit filed by hospital workers and contractors would be exempt from the award caps.

Source: Southeast Texas Record

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