ATLA legislative team will step up fight in 109th Congress.It hardly seems possible after the bruising bruising discoloration and actual hemorrhage at the site of injury, and a serious disadvantage in the meat trade. In the first 12 hours after injury the bruise is bright red, at 24 hours it is dark red, at 24 to 36 hours it loses its firm consistency and becomes watery and at 3 or battles of the past two years, but the congressional debate on medical liability is likely to intensify in 2005. And the action will probably begin early. No polling shows that Americans voted in November for or against candidates based on their position on tort issues, but candidates urging limits on malpractice malpractice, failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. actions won several key races. The battleground in Washington will once again be the U.S. Senate. Three times during the last Congress, the Senate turned back bills that would have placed sweeping restrictions on malpractice cases and on products liability cases involving drugs and medical devices. In July 2003, the Senate failed to overcome a filibuster filibuster, term used to designate obstructionist tactics in legislative assemblies. It has particular reference to the U.S. Senate, where the tradition of unlimited debate is very strong. It was not until 1917 that the Senate provided for cloture (i.e. against considering a bill that would have imposed draconian dra·co·ni·an adj. Exceedingly harsh; very severe: a draconian legal code; draconian budget cuts. [After Draco. limits in malpractice, medical products liability, and nursing-home negligence cases. Specifically, the bill would have capped damages, restricted expert testimony Testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field. , shortened statutes of limitations for minors, eliminated joint liability, and limited contingent fees Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial. . A second bill, imposing these restrictions but affecting only cases involving ob-gyn products and services, fell to another Senate filibuster in February 2004. In April, a third measure--which would have limited not only obstetrical obstetrical, obstetric pertaining to or emanating from obstetrics. obstetrical anesthesia an anesthetic procedure designed especially for patients undergoing cesarean operation or intrauterine manipulation of the fetus. cases, but also those involving emergency and trauma care--met the same fate. In 2005, proposed federal legislation is likely to resemble the first bill, the broadest of the three that failed in the Senate, and there are probably enough votes in the House of Representatives to pass it. The House passed sweeping malpractice restrictions not once, but twice during the last Congress--notwithstanding ATLA's opposition. When the 109th Congress opens this month, the Senate will be missing some of the civil justice system's most passionate defenders, lost to either retirement or the last election. Threats to citizens' legal rights are greater today than ever, but ATLA's commitment to protecting those rights remains unshaken. |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion