Arizona House OKs medical malpractice bill

The Arizona House approved a bill that will limit rewards for medical malpractice. This was in the face of warnings that the provision will make it nearly impossible to file even legitmate claims for personal injury.

With a vote of 31-18 that was barely enough for passage in the 60 member chamber, the bill now goes to the Senate where it is expected to be accepted by the house.

As usual in these state battles the bill is supported by physicians, hospitals and business lobbies and opposed by the state Lawyers association.

One provision allows doctors and physicians to apologize for negligence without it representing guilt. The hope is that this act will reduce lawsuits.

One aspect of the bill that has lawyers up in arms is a provision that puts restrictions on expert witnesses. The purpose is to tighten requirements for the credentials of expert witnesses testifying in court. Many felt that there is already enough pressure against doctors and expert medical witnesses not to testify and that this will further discourage their participation.

But supporters contend that the bill will preserve access to health care. They explained that at a time when doctors are leaving the state or the medical professional because of high insurance premiums and related concerns, Arizona lawyers and attorneys practicing medical malpractice are getting rich.

Arizona is among at least 10 states considering medical malpractice legislation this year. At the federal level President Bush wants Congress to approve a nationwide ceiling on medical malpractice awards for pain and suffering.

The Arizona Medical Association considered - but ultimately decided against - asking lawmakers this year to place a referendum on the 2006 ballot to amend the Arizona Constitution to let the Legislature put damage caps on medical malpractice awards.