After two days of debate, Senate Democrats blocked consideration of a bill (S. 2061) that would limit noneconomic medical malpractice awards and attorneys’ fees in lawsuits against obstetricians-gynecologists (ob-gyns). Sponsored by Sen. Judd Gregg (R-NH), the Healthy Mothers and Healthy Babies Access to Care Act would cap noneconomic medical malpractice awards at $250,000. The bill also would cap punitive damages at twice the economic damages, or at $250,000, whichever is greater. On February 24, a GOP leadership effort to invoke cloture on the motion to proceed to consideration of S. 2061 failed, 48-45, 12 votes short of the 60 necessary to limit debate.
In July, the Senate considered a bill (S. 11) that would limit noneconomic medical malpractice awards and attorneys’ fees in lawsuits against all physicians, but Senate Democrats also blocked consideration of S. 11 (see The Source, 7/11/03). The legislation is similar to a bill (H.R. 5) the House approved in March (see The Source, 3/14/03). Under both bills, states could choose to set higher or lower caps than those in the federal law.
Stressing the importance of S. 2061 and its impact on women, Sen. Gregg stated, “We have arrived at a time where women in this country are at significant risk of not being able to see a baby doctor because the baby doctors in this country are being driven out of the business by the cost of their errors and omissions insurance. That insurance has skyrocketed dramatically in the last few years as a result of lawsuits.”
Sen. Barbara Mikulski (D-MD) disagreed. Dubbing the bill the “Insurance Companies First Act,” she argued, “This is extreme legislation that puts the interests of the insurance industry ahead of the interests of women, their families and their doctors. It applies only to women seeking obstetrics and gynecological services that’s it. Every other patient can recover full damages. But under this bill only women will be limited in what they can recover for a doctor’s medical error. This bill penalizes patients, while doing nothing to prevent doctors from being gouged by insurance companies.”
