House committees begin work today on legislation (HR 5) that would cap jury awards in medical malpractice cases.
While the legislation is expected to pass the House, it faces a tougher time in the Senate where supporters will have to find a way to reach out to Democrats who are staunchly opposed to limiting jury awards.
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The bill, sponsored by James C. Greenwood, R-Pa., would place a $250,000 cap on non-economic damages. The measure also would cap punitive damages at twice the economic damages, or $250,000, whichever is greater. Punitive damages are intended to punish the defendant for a wrongdoing that caused an injury.
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Outside the news conference, members of a group representing victims of medical malpractice urged the AMA to stop its campaign to limit malpractice awards.
The organization, called the Center for Justice & Democracy, includes a New Jersey Vietnam veteran who says a surgeon mistakenly removed his only healthy lung, and a Massachusetts state police officer who said physician error led to the death of his 13-month-old daughter. "We are the forgotten faces in this debate; the ones who continue to suffer as a result of often egregious malpractice," the group wrote to the AMA. "Each of us deserves to have jurors and a judge ... decide what compensation is best. That decision should not be made by you or by politicians sitting in Washington, DC."
For a copy of the complete article, contact CJ&D.
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