Democrats introduce malpractice bill

WASHINGTON, May 25 (UPI) -- House Democrats Wednesday put forward their own version of medical malpractice legislation that sponsor Rep. Brian Baird, D-Wash., called a "common sense compromise" to resolve issues that split the political right and left.

The House has, in recent sessions, passed medical malpractice legislation favored by Republicans -- the real problems come when the measures hit the Senate, where Democrats have had the votes -- so far -- to stymie plans by Majority Leader Sen. Bill Frist, R-Tenn., to push forward spending caps limiting non-economic damages or pain-and-suffering claims at $250,000.

"This critical reform will move forward if Congress and the administration can stop putting partisanship and special interests ahead of sound policy and the public's interest, and instead agree to a common sense compromise," Baird said.

The Comprehensive Medical Malpractice Reform Act would set the damage cap at $878,000, an inflation-adjusted figure. Baird said caps for damages involving medical devices and pharmaceuticals would need to be considered in separate legislation.

Baird said the likelihood of this proposal making it all the way through the Senate was small, but he hoped it would have a bigger impact on the divisive political debate. Democrats side with the trial lawyers, who contend damage caps will not reduce premiums but will limit patients' access to the courts. Republicans side with physicians, who have struggled to pay rapidly climbing malpractice insurance premiums.

Rep. C.A. Dutch Ruppersberger, D-Md., said he has seen both sides of the issue as a practicing attorney and chairman of the Maryland Shock Trauma Board of Visitors.

Ruppersberger said lawyers should not take cases where a patient was not victimized, and bad doctors should be held accountable by their profession. The bill would establish a database of lawyers who file frivolous lawsuits and after three strikes, those attorneys would lose their licenses.

"Very few people like what we're doing and where we're going with this bill," Ruppersberger said. "But if we don't get the ball rolling we will have a broken system."

Patients also would be able to track their doctor's record through a database that would allow them to see what complaints have been filed, if their doctor has a criminal background, and the physician's credentials. The national database would be modeled after the Massachusetts Board of Registration in Medicine.

The bill also provides mediation alternatives to litigation, where patients and doctors can work together to reach a compromise solution.

"Most patients don't have it in for their doctors and most doctors want to provide the best possible care," said Rep. James Moran, D- Va.

Dr. Thomas Connally, a retired Maryland physician, said doctors would be more willing to move on other political issues, such as stem cell research and the uninsured, if the malpractice problem was settled.

The proposal would set national best practice standards as guides for state medical boards in policing licensed professionals. It would use the Federal Aviation Administration's reporting system as a model for giving legal protection and confidentiality to health professionals who voluntarily report medical errors, Ruppersberger said.

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E-mail ebeck@upi.com.