On May 8, the Senate blocked consideration of two bills (S. 22 and S. 23) that would limit non-economic medical malpractice awards and attorney fees. S. 22 would limit non-economic damages to $250,000 for a single health care institution and limit attorney fees. Sponsored by Sen. John Ensign (R-NV), the Medical Care Access Protection Act would cap punitive damages at twice the amount of economic damages awarded or $250,000, whichever is greater. S. 23, sponsored by Sen. Rick Santorum (R-PA) was more narrowly drafted to apply only to lawsuits brought against obstetricians and gynecologists.
S. 22 is similar to legislation approved by the House last July (see The Source, 7/29/05). A GOP leadership effort to invoke cloture on the motion to proceed to consideration of S. 22 failed, 48-42, 12 votes short of the 60 necessary to limit debate. The cloture vote on S. 23 also failed, 49-44.
Speaking in support of the two bills, Sen. Orrin Hatch (R-UT) stated, “The problem is particularly acute for women who need obstetrical and gynecological care because OB/GYN is among the top three specialties with the highest professional liability insurance premiums. This has led to many leaving their practices, thus resulting in a shortage of doctors in many States…Astonishingly, three-quarters 76.5 percent of obstetrician/gynecologists report being sued at least once in their career…Ensuring the availability of high-quality prenatal and delivery care for pregnant women and their babies the most vulnerable members of our society is imperative,” he concluded.
Prior to the cloture votes, Sen. Harry Reid (D-NV) explained his opposition to the bills: “For the most part, insurance rates have not gone down in those States which have capped damages…OB-GYN malpractice premiums are 37 percent higher than in States without caps, general surgery premiums are 52 percent higher, and internal medicine premiums are 44 percent higher.” He also contended that the bills had an adverse impact on women in regard to the limits on damage awards, including the cap on punitive damages, saying “punitive damages are very rare in malpractice cases, but the cases where they do occur often involve sexual abuse of a female patient.”
