03/23/2005

By KELLY KEARSLEY  / Associated Press

The debate over the best way to reform the state's medical malpractice system raged Tuesday night at the first hearing on Democratic lawmakers' own approach to the problem.

"I want to thank you for choosing reasonableness over extremism and thank you for choosing patient safety over special interests," said Mark Johnson, a representative from the Washington State Bar Association.

The medical malpractice reform package is the Democrats' answer to two other initiatives to the Legislature that are headed to the November ballot. Voters could see a third option if the Legislature approves the Democrats' plan.

The Republicans have proposed their own plan, but Rep. Patricia Lantz, D-Gig Harbor, sponsor of the Democrats' House bill and chairwoman of the House Judiciary Committee, said the Republican plan won't get a public hearing.

"We're hoping some of the ideas in the Republicans' plan can be amendments to ours," Lantz said. "It stands to reason that if we are doing this in a collaborative way, then we can benefit from good ideas no matter where they come from."

The Washington State Medical Association has sponsored Initiative 330, which would cap non-economic damages and limit lawyers' fees in medical malpractice lawsuits. The state Supreme Court declared caps unconstitutional in 1989, but the association has said the court could change its mind.

The state's trial lawyers association is sponsoring a rival measure. Initiative 336 would revoke licenses of doctors who rack up multiple jury verdicts against them and would require public hearings before insurance companies could increase malpractice insurance rates.

The Democrats' plan addresses the legal system and insurance industry as well as patient safety, but does not include caps on non-economic damages.

Supporters of the plan say it will help reduce medical errors, the cost of medical malpractice insurance and the number of medical malpractice lawsuits.

In the joint hearing of the House and Senate health care and judiciary committees, several lawmakers referred to the Democrats' plan as the people's choice versus two measures from special interest groups.

Mike Kreidler, the state's insurance commissioner, said despite recent improvements in the availability and affordability of medical malpractice insurance, reforms are still badly needed.

"The system itself can be improved for the protection of patients and to keep the number of medical malpractice lawsuits down," Kreidler told the lawmakers.

Calling both initiatives flawed, Kreidler said the Legislature's alternative was an opportunity to provide balanced, effective public policy.

Larry Shannon, government affairs director for the state trial lawyers, commended the patient safety portions of the proposed legislation.

But Shannon said he'd like to see more public input on insurance rate increases and an end to secrecy agreements in out-of-court malpractice settlements.

The state medical association — along with the state's hospital and business associations — told lawmakers it will continue to support its own initiative.

Without caps on non-economic damages, representatives from the groups testified that the lawmakers' plan would be ineffective in battling the high cost of malpractice insurance. The high cost leads many physicians in the state to stop providing high-risk services, such as delivering babies.

Lantz cited research from academic journals indicating that caps don't work in reducing insurance costs.

"Why should we go down this road when academic studies keep saying that they have no effect?" she asked.

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The bills under discussion are House Bill 2292 and Senate Bill 6087.

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On the Net:

Legislature: http://www.leg.wa.gov