BILLS LIFT MALPRACTICE AWARD CAP : OFFICIALS CALL LIMIT EASY ON BAD DOCTORS.Byline: Paul Hefner Daily News Sacramento Bureau Opening a legislative war among powerful special-interest groups, two Democratic Assembly leaders said Thursday they would push for bills lifting a $250,000 cap on damage awards for some malpractice cases. The limit on liability for pain and suffering provides too little compensation to victims and too small a penalty on doctors who engage in serious malpractice, said Speaker Pro Tem [Latin, For the time being.] An abbreviation used for pro tempore, Latin for "temporary or provisional." A person who acts as a temporary substitute serves pro tem. Sheila Kuehl Sheila James Kuehl (born February 9, 1941 in Tulsa, Oklahoma) is an American politician, and a former child actress. She is currently a Democratic member of the California State Senate, representing the highly urbanized 23rd district in Los Angeles County and parts of southern , D-Encino. ``It seems to give the greatest amount of protection to those doctors who cause the greatest amount of harm,'' Kuehl said at a news conference in the state Capitol. Supported by lobbyists for doctors and insurance companies but opposed by trial lawyers, the cap was placed into law in 1975 as part of the Medical Injury Compensation Reform Act The Medical Injury Compensation Reform Act (MICRA) of 1975 was a California law designed lower medical malpractice premiums for Californians. Parts Micra Consists of the following parts: Kuehl's bill, AB 250, would lift the cap for doctors who sexually abuse patients or who injure patients while using drugs or alcohol. It would also eliminate the cap for doctors who negligently injure someone less than 14 years old, cause death through negligent misconduct or cause injury through gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or . It also contains a ``three strikes'' provision, eliminating the cap for doctors with three or more adverse judgments for misconduct or disciplinary actions from the state's Medical Board. Kuehl said the bill created ``narrow exceptions'' to the damage limit, but doctors claimed it would give lawyers a way to make damage claims beyond the cap in almost every case. That would mean sharply higher damage awards and malpractice insurance Noun 1. malpractice insurance - insurance purchased by physicians and hospitals to cover the cost of being sued for malpractice; "obstetricians have to pay high rates for malpractice insurance" premiums - costs that are eventually borne by patients, doctors said. ``Without the cap, every time we're faced with litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , the exposure is unlimited,'' said Dr. Richard Anderson, a La Jolla La Jolla (lə hoi`yə), on the Pacific Ocean, S Calif., an uninc. district within the confines of San Diego; founded 1869. The beautiful ocean beaches, in particular La Jolla shores and Black's Beach, and sea-washed caves attract visitors and physician. The cap hasn't slowed the number of malpractice cases being filed, Anderson said. The average doctor is sued once every five years. The rate is twice that for high-risk specialties, he said. ``Part of what (the cap) is doing - it's regulating the lawsuit industry,'' he said. Assemblywoman Carole Migden Carole Migden represents the third district in the California State Senate. The Third State Senate district covers parts of San Francisco, all of Marin County and parts of Sonoma County. , D-San Francisco, who chairs the Appropriations Committee, joined Kuehl on Thursday. Migden is carrying a separate bill, AB 1220, which would lift the cap when a doctor delays treatment for economic gain or fails to refer patients to the appropriate specialist. With her blind and brain-damaged 5-year-old son, Steven, at her side, Kathy Olsen said she supported the lawmakers' efforts. She said the boy's condition could have been prevented if doctors had run proper tests before releasing him from the hospital after a fall. A jury awarded her son $7 million in compensation, but the judge imposed the $250,000 cap instead, she said. ``Steven received 4 cents on the dollar,'' Olsen said. Choking back tears, Amanda Potts, 23, echoed Olsen's sentiments. Potts, on crutches, said she faces having her foot amputated after an inexperienced doctor bungled bun·gle v. bun·gled, bun·gling, bun·gles v.intr. To work or act ineptly or inefficiently. v.tr. To handle badly; botch. See Synonyms at botch. n. treatment of her left leg, which she broke while snowboarding. ``It took me 20 years to grow this leg. It will take them 20 minutes to cut it off,'' she said. ``And I'll have to live the rest of my life without it.'' |
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