March 10, 2004
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Senate again blocks tort reform bill

A medical liability reform bill once again failed to pass in the Senate, medical association groups noted. The Healthy Mother and Healthy Babies Access to Care Act of 2003 fell 12 votes short of the number needed to end debate on the bill, according to the American Academy of Ophthalmology.

The act was “a Republican attempt to revive tort reform by narrowing the focus to obstetrical and gynecological services for pregnant women,” according to the AAO.

Senate Majority Leader Bill Frist, R-Tenn., may introduce a second bill limiting malpractice awards this month, the AAO said. Two other bills are also in development, one for emergency department providers and one for healthcare providers in rural and inner-city areas, according to the AAO.

In a Senate floor speech, Sen. Frist said that although the focus of this bill was on these two professions, the liability reform measure was nearly identical to a Senate bill killed last summer that contained a $250,000 cap on noneconomic damages.

Sen. John Kerry, D-Mass., is in favor of tort reform but opposed this bill because it failed to preserve the legal rights of patients, according to his office. Sen. Kerry is the likely Democratic presidential nominee for the 2004 elections.

This act is the second tort reform bill to reach the Senate. The House passed a tort reform bill last year.