May 14, 2003
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Medical malpractice on front burner in several states

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PRINCETON, N.J. — A medical malpractice bill awaiting passage in New Jersey would cap non-economic damages at $300,000 for physicians, nurses and other healthcare professionals while allowing patients to collect up to $1 million in “pain and suffering” damages from a specially-created state fund.

A coalition comprised of healthcare providers, business groups and insurers is urging Assembly passage of A-50 (3R), the tort reform bill that already garnered Senate passage in March. The bill tightens statute of limitations on filing malpractice claims. It allows judges to reduce excessive jury awards and requires licensed expert witnesses and medical error reporting measures for patient safety.

Georgia’s legislature passed a tort reform bill in April, but no cap on non-economic damages was included, resulting in 2% of the state’s physicians planning a move out of state and 11% of the state’s physicians refusing to take calls in the emergency department.

Yesterday in Chicago, thousands of patients, physicians and businesses rallied to urge federal lawmakers to address the issue of medical liability reform. Three times previously the state has enacted medical liability reforms that included non-economic damage limits. The state Supreme Court ruled each version unconstitutional; hence the quest for federal reform.