Mass. Docs March For Medical Liability Reform
Michael Ha
NU Online News Service, April 9, 4:17 p.m. EDT?Some 1,000 physicians, nurses and patients from Massachusetts rallied at the state House yesterday to push for revised medical liability laws to relieve rising medical malpractice insurance costs.
The rally in Boston drew doctors from all over the state, said Richard P. Gulla, media relations manager for the Massachusetts Medical Society, which organized the event.
Many doctors took some time off from their offices to participate in the rally, "but don't call it a strike or a job action," Mr. Gulla told National Underwriter.
"We made it very clear to the membership that it would simply be a way for doctors to tell legislators about the need for medical liability reform."
In Massachusetts, premium increases across all medical specialties averaged more than 12 percent since 1999. In the case of obstetrician/gynecologists, a specialty that has been particularly vulnerable to medical liability lawsuits, the average premium per doctor was $76,176, making it the 12th-highest among all 50 states.
Mr. Gulla pointed out that his state already has a cap of $500,000 for pain-and-suffering, noneconomic damages in jury awards, but the current law allows the cap to be waived in individual cases.
In most cases, "the cap is waived by the jury. We want legislators to install a hard cap of $500,000 for noneconomic damages that cannot be waived," he said.
Another demand by Massachusetts doctors is to index prejudgment interest at the federal Treasury bill rate.
"Let's say I'm a doctor and you sue me tomorrow," Mr. Gulla said. "The average case takes more than five years to go through the court. If you win the case and get a $5-million judgement, you also get a 12-percent annual interest that goes back to the day you filed the suit." The interest now set by law at 12 percent is far higher than market standards, which are about five percent, he said.
Also at the rally in Boston was Gov. Mitt Romney who urged a fast reform. He told the crowd at the rally that if the state does not solve the liability crisis promptly, Massachusetts would jeopardize the ability of citizens to get health care, Mr. Gulla said.
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