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April 2005
Volume 69 |
Number 4 |
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2005 State Legislative Session
Medical Liability Reform
edical liability reform, including a $350,000 cap
on noneconomic damages, or $1.05 million in multidefendant
cases, was signed into law by the Georgia
governor on February 17. S.B. 3 also limits liability
for emergency services, eliminates joint and several
liability and revises existing laws regarding expert
witnesses and venue.
The law changes the standard of liability in cases
against hospital emergency rooms and emergency medicine
physicians from one of simple negligence to one of
gross negligence. This change appears to be a departure
from most state laws.
The law also requires that in every medical liability
action, expert witness affidavits must be filed with
the complaint. In addition, offer of judgment provisions
are included whereby the defendant may obtain litigation
costs, including attorneys’ fees, if the final
judgment in the case is not at least 25 percent more
favorable than the offer. In an attempt to limit forum
shopping, the bill would allow a codefendant to move
the case back to the home county under certain conditions.
Health care providers will be able to offer statements
of apology and sympathy without the threat of such
statements being used against them in court.
Medical liability reform legislation was advanced
in other states also. Legislation passed by the Missouri
House of Representatives would establish a $250,000
cap on noneconomic damages and eliminate joint and
several liability. The bill also would require courts
to dismiss cases if the plaintiff fails to file an
expert witness affidavit stating that the plaintiff’s
damages were caused by the defendant’s failure
to provide reasonable care. In Virginia
legislation has passed the House of Delegates and
Senate that would require plaintiffs seeking to file
a medical malpractice action to have an expert witness
certify that the defendant deviated from the standard
of care before the lawsuit could be served. The bill
also would provide that an admission of sympathy is
not admissible as evidence of an admission of liability.
Office-Based Anesthesia
In New Jersey the State Supreme Court
granted the petition for review of the office-based
anesthesia regulations filed by the New Jersey Association
of Nurse Anesthetists (NJANA). In addition the court
granted NJANA’s request for a stay of certain
provisions of the regulations pending the outcome
of the court’s decision. The New Jersey Board
of Medical Examiners and the New Jersey State Society
of Anesthesiologists have asked the court to reconsider
the stay of the regulations. It is expected that the
State Supreme Court will hear the case later this
spring.
Legislation has been introduced in Indiana
and Kansas to authorize the states’
medical boards to regulate the office-based surgery
setting.
Scope-of-Practice Issues
Oregon S.B. 620 would require physician
assistants, clinical nurse specialists and nurse practitioners
to wear identification badges indicating the individual’s
current license and certification status.
Legislation is expected to be introduced in Florida
to require that a physician who supervises a registered
nurse or licensed practical nurse must be competent
to supervise. |
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