For the fifth time in five years, attempts to place a cap on medical malpractice awards have been defeated in the Senate. The result is a defeat for President Bush who had attempted to place a cap on awards in an attempt to further bolster the insurance industry.
Two procedural votes on the measure failed to end debate. As a result, it is unlikely that any additional malpractice caps will take place unless Republicans increase their majority in the Senate this fall.
The defeated proposals would have placed a cap of $250,000 on most medical malpractice cases with a $750,000 limit for cases involving multiple medical facilities.
Opponents of the caps say they are unfair and are most hurtful to the people who are most seriously injured or killed by instances of medical malpractice.
'The Bush administration talks about deterring frivolous [malpractice] cases, but caps by their nature apply only to the most serious cases which have been proven in court,' said Senator Edward M. Kennedy (D-Mass.). 'It is absurd to suggest that $250,000 is fair compensation for a person paralyzed for life.'
A total of 60 votes were needed to end debate on the matter and Republicans fell well short of that number. The vote on the first piece of legislation was 48-42 to end debate while the second bill vote was 49-44.
President Bush released a statement saying, 'I am disappointed that the Senate has yet again failed to pass real medical liability reform legislation. This is a national problem that deserves a national solution. I have called on Congress to pass responsible medical liability reforms, and the House of Representatives has acted. It is time for the Senate to put the needs of the American people ahead of the interests of trial lawyers.'
Doctors have argued in support of the cap, saying that high malpractice insurance premiums are driving some of them out of business. This problem appears to be especially pressing for OBGYN's. Doctors claim that those states that have put a cap in place have premiums that are lower and more stable.
Opponents of the cap point to studies that show that premiums have not risen that dramatically as compared to inflation and that any big increases are simply efforts by the insurance companies to recoup losses on investments.
The ultimate result of this will be determined by November's elections. For the rest of this year, it appears the cap issue is dead.
