Connecticut passes medical malpractice legislation.

Connecticut Gov. M. Jodi Rell (R) signed legislation in July that contains a variety of measures relating to medical malpractice actions.

One of the law's most important provisions involves attorney fees. The law allows medical malpractice plaintiffs to waive certain limits on attorney fees (33.3 percent of the first $300,000 of the recovery; 25 percent of the next $300,000; 20 percent of the next $300,000; 15 percent of the next $300,000; and 10 percent of anything more than $1.2 million) if the claim is substantially complex or unique. However, should a plaintiff elect to do so, the law limits the total contingent fee to one-third of the damages or settlement he or she received.

The law also changes the interest rate on medical malpractice judgments. In the past, when the plaintiff offered to settle and then recovered more than the amount of the offer, he or she was entitled to 12 percent interest on that judgment. The legislation reduces the interest rate to 8 percent.

On a more positive note, the law increases oversight of insurance premiums by requiring the insurance commissioner's approval before professional liability insurance rates for health care providers can take effect. It also mandates that insurers who seek to increase rates by 7.5 percent or more file a request for the increase with the commissioner, provide 60 days' notice of the increase to insureds, and inform them of their right to request a public hearing on the proposed increase.

The law also contains some significant patient-safety provisions. It requires hospitals and outpatient surgical facilities to develop protocols for presurgery procedures to accurately identify the patient, surgical procedure to be performed, and body part to be operated on. After January 1, 2006, hospitals or outpatient surgical facilities may not anesthetize a patient or perform surgery unless these protocols have been followed.