Originally published January 26 2005
Doctor malpractice reform appears headed to voters in Washington State
by Mike Adams (see all articles by this author)
Washington State lawmakers cannot come to a consensus on the issue of medical malpractice in their state. So voters will likely have to decide the state's position. Barring a last minute, and unlikely, compromise in the legislature in the coming days, Washing voters will take up the matter in November. They will likely decide between an initiative introduced by doctors and another promoted by lawyers.
- Neither of the two medical malpractice reform initiatives presented to the Legislature this year stands much chance of passing.
- Karen Keiser, D-Des Moines, chairwoman of the Senate Health Care Committee, which conducted a hearing Monday on both measures.
- That means both initiatives, one crafted by doctors and one by lawyers, will go on the ballot next November for a public vote.
- The Legislature could put an alternative solution on the ballot - "hopefully we can send all the parties into a locked room and get an agreement," Keiser said - but that's a long shot too.
- So while supporters of Initiatives 330 and 336 pleaded with legislators on Monday, in reality they were rehearsing their message for the voters.
- A coalition led by the Washington State Medical Association has proposed Initiative 330, which would cap non-economic damages and limit lawyers' fees in medical malpractice lawsuits.
- A rival coalition, led by trial lawyers, is pushing Initiative 336, which would revoke licenses of doctors who rack up multiple jury verdicts against them and would require public hearings before insurance companies could increase malpractice insurance rates.
- Walla Walla neurologist Dr. Kenneth Isaacs, president of the state medical association, called the current medical malpractice system "broken."
- "Injured patients don't properly benefit by it, receiving less than half of resources set aside for them" because of lawyers' fees, Isaacs said.
- Several injured patients who came to Olympia to speak in favor of I-336 accused the doctors of trying to do just that.
- "I know for certain if I-330 passes, real people will suffer," said Ashley Bucy of Gig Harbor, whose legs and fingertips had to be amputated after she was misdiagnosed repeatedly at an emergency room.
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