Medical tort reform legislation stalls
By Greg Wiles
Advertiser Staff Writer
A physician group's hopes for amending medical liability laws are all but dead this legislative session after two key bills failed to garner hearings for further consideration.
Hawaii Medical Association, the state's largest physician trade group, said it is still working to get so-called medical tort reform included in bills still pending before lawmakers, but acknowledged hopes are slim.
"We're not calling it quits," said April Troutman, communications director for the medical association.
"Even if there aren't bills to amend, the public and media campaign will continue because the issue is so important."
HMA, hospitals, health plans, physicians and other associations have sought a cap on the "non-economic" portion of malpractice claims. HMA contends rising malpractice insurance premiums are a factor in attracting and retaining Hawai'i doctors and that has been a factor in the state losing specialists.
The group has noted premiums for some specialists have gone up 90 percent in four years.
The association had staged a last-ditch effort this week to get lawmakers to further consider the bills, HB 1991 and HB 2291, which include caps. This included taking out half-page newspaper advertisements blaming surging malpractice premiums for a shortage of doctors.
It also brought in the Texas Medical Association's general counsel to explain tort reform results in that state, and staged rallies and forums to push for the bills.
The legislation has been opposed by an attorney group, which says patient rights would be limited under the legislation and that licensing data don't show a decline in physician numbers here.
The medical association had supported legislation that would limit malpractice noneconomic damages to $250,000 in almost all but the most severe malpractice cases, in which the cap would be $3 million. It is not seeking a cap on economic damages, which is compensation for past and future medical expenses, living expenses and lost income.
Troutman said the group will continue to seek the change in the medical liability law, something it noted was supported by the Lingle administration and state Insurance Commissioner J.P. Schmidt.
"We're still pursuing any avenue available," Troutman said.
Reach Greg Wiles at gwiles@honoluluadvertiser.com.