March 14, 2005

Democrats offer solution to dueling malpractice initiatives

Plan B is balanced and better – for doctors and patients

Offering a third approach to the dueling medical malpractice initiatives that will be on the ballot in November, House and Senate Democrats today unveiled a comprehensive plan to reform the state’s medical malpractice laws.

"Our ‘Plan B’ is not just for doctors, it is not just for lawyers – it is for all the people who live in our state," said House Speaker Frank Chopp (D-Seattle). "Our plan puts patient safety and the prevention of medical errors above all else."

"Neither initiative offered a thorough solution, so we took the best from each and added our own ideas. What we have now is a responsible, comprehensive approach to solving this difficult challenge," said Senate Majority Leader Lisa Brown (D-Spokane).

The proposal would create a faster, less expensive way to resolve medical malpractice disputes by creating a new voluntary arbitration option.

The option would allow an injured person and a health care provider to submit a claim to binding arbitration. The arbitrator would not be able to award more than a total of $1 million for both economic and non-economic damages.

The following special rules would apply to cases arbitrated under this act:

- The parties select their arbitrator. If they can’t agree, the court chooses the arbitrator.

- There are limits on the number of expert witnesses. The number would be kept to the minimum necessary for fair but economic resolution of the action.

- Specific limits on discovery, such as interrogatories and requests for admission, would apply unless special circumstances apply.

- Limited liability: a hospital or health care facility would only be held liable for the acts of its employees or agents.

"The first goal of medical malpractice reform has always been to make patients safe and to do away with frivolous lawsuits," said Rep. Patricia Lantz (D-Gig Harbor), prime sponsor of the House bill. "Those are the top two priorities of Plan B."

The omnibus legislation also includes provisions from numerous proposals before the legislature. Some of these include:

- Encouraging patient safety by protecting apologies and expressions of regret by health care providers who have committed medical errors and encouraging reports of unprofessional conduct. The plan also includes a "three strikes" provision for health care providers.

- Reforming malpractice insurance by requiring that insurance rates be approved by the state insurance commissioner before an insurer could change the rates they charge health care providers.

- Reforming civil justice laws by requiring that medical malpractice actions be brought within eight years after the act that resulted in the injury.

"This is the most comprehensive medical malpractice plan that has ever come before the Legislature," said Sen. Karen Keiser (D-Des Moines). "This package looks at the issue from every side. Nothing was spared scrutiny and no one got a free ride."

The bills are scheduled to be heard at a joint legislative hearing Friday, March 18.

For more information:

Melinda McCrady, (360) 786-7385
Johan Hellman, (360) 786-7333

For interviews:

Rep. Frank Chopp, (360) 786-7920

Rep. Pat Lantz, (360) 786-7964

Sen. Lisa Brown, (360) 786-7604

Sen. Karen Keiser, (360) 786-7664