Louisiana: Medical Malpractice Law Expansion Rejected

The House of Representatives watered down, then killed, legislation to expand coverage under the state’s medical malpractice laws. House Bill 70 by Rep. Greg Cromer, R-Slidell, died when 44 representatives voted for it while 45 representatives voted against it. Fifty-three votes are needed for passage. Sixteen House member didn’t vote. Cromer wanted to add to the definition of malpractice, problems that occur in the transporting and monitoring of patients as well as failure to attend to their personal hygiene. “It’s a consumer bill,” Cromer told his colleagues. He said the idea is to provide some recourse for patients in cases where there is no general liability insurance policy. Other lawmakers lined up to fight the measure opposed by the AARP. Rep. Rick Gallot, D-Ruston, said he didn’t understand how a nursing home patient falling out of a wheelchair would be medical malpractice. Rep. Chris Roy Jr., D-Alexandria, said courts have defined what constitutes medical malpractice. He said there is a six-prong test that has worked well. Hygiene is not a medical malpractice issue, Roy said. “It’s a human decency issue,” he said. Rep. Walt Leger, D-New Orleans, said the legislation would allow nursing homes to go under the medical malpractice cap to handle “negligence situations and overburden the system.”

Please click on the link below to read the Advocate article:

http://www.2theadvocate.com/news/18354629.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.

Massachusetts: Amendment Rejected to Change State’s Medical Malpractice Laws

Medical liability changes (S 2650) — The Senate, 6-33, rejected an amendment making changes in the state’s medical malpractice laws.

Provisions include requiring that expert witnesses be board certified in the same specialty in which the defendant is licensed; allowing awards greater than $50,000 to be paid by periodic payment rather than in a lump-sum; replacing the current system under which any party can be liable for up to the full amount of judgment with a system that makes defendants liable only for the amount of damages for which they were responsible and indexing the interest rate paid on judgments to Treasury Bill rates.

Amendment supporters said the current medical malpractice system needs major reforms in order to attract and retain doctors in Massachusetts. They noted that liability premiums for physicians have risen more than 130 percent from 1993 to 2005.

Some amendment opponents said that the amendment makes major changes and should be dealt with as a separate bill.

Others said that insurance companies have already said that these changes would not help reduce malpractice insurance rates. Some said that the only way to reduce premiums is for the state to subsidize the doctors.

A “Yes” vote is for the amendment making changes in the state’s medical malpractice laws.

A “No” vote is against the amendment.

Sen. Anthony Galluccio No       

Sen. Thomas McGee No    

Please click on the link below to read the Saugus Advisor article:

http://www.wickedlocal.com/saugus/news/x1319857404

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. – www.citronlegal.com.