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Two med-mal bills approved: others loom.


Two states recently passed medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.  bills. One new law is a mixed bag and one is bad news for plaintiffs. Other states are also considering the issue.

Washington Gov. Christine Gregoire Christine O'Grady "Chris" Gregoire (born March 24, 1947) is the Democratic governor of the U.S. state of Washington. Gregoire's election to the office in 2004 was notable for her historically slim margin of victory over Republican Dino Rossi, who had appeared to defeat Gregoire on  (D) signed medical malpractice legislation into law on March 6; it is expected to go into effect in June. Although it doesn't include damages caps or limits on attorney fees--which doctors had sought in a failed ballot initiative last November--the new law

* requires plaintiff lawyers to have medical malpractice claims reviewed by a medical expert before they are filed

* requires plaintiff lawyers to certify cases as nonfrivolous and subjects them to penalties for filing frivolous cases

* sets up voluntary arbitration for malpractice cases with awards limited to $1 million

* requires hospitals to report serious medical problems, such as patient death or injury, to the state Department of Health within two days

* provides immunity for health care workers who testify against others or report problems

* gives the state insurance commissioner authority to approve or deny malpractice rate increases and to collect more information about closed malpractice claims

* provides that a medical provider's apology or statement of fault will not be admissible as evidence

* provides that collateral sources of recovery are admissible; however, a plaintiff may present evidence of obligation to repay and any amount paid by the plaintiff, a representative, or immediate family members to secure compensation.

The Wisconsin legislature The Wisconsin Legislature, based in Madison, is bicameral and is composed of the Wisconsin State Assembly and the Wisconsin State Senate. External link
  • Legislative Reference Bureau
 has also approved a medical malpractice bill. Gov. Jim Doyle

For other people named James Doyle, see James Doyle (disambiguation).
James Edward (Jim) Doyle (born November 23, 1945) is a Wisconsin politician and member of the Democratic Party. He took office in January 2003 as the 44th Governor of Wisconsin.
 (D) signed Assembly Bill 1073 into law on March 22. The legislation imposes a $750,000 noneconoinic damages cap, without any cost-of-living adjustments, and requires the Injured Patients and Families Compensation Fund to report twice a year to the legislature regarding any recommended changes to the cap amount. The fund is designed to help compensate victims by paying claims in excess of primary coverage and ensure that unlimited malpractice insurance for doctors is readily available.

Several other states--including Delaware, Kentucky, Massachusetts, Tennessee, and Vermont--and the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  face current medical malpractice battles. The same is likely in North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures


Area, 52,586 sq mi (136,198 sq km). Pop.
, where a short session begins May 9. The bills generally include caps and would establish separate medical courts, lower prejudgment pre·judge  
tr.v. pre·judged, pre·judg·ing, pre·judg·es
To judge beforehand without possessing adequate evidence.



pre·judg
 interest, eliminate joint and several liability, and create extensive requirements for 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. .
COPYRIGHT 2006 American Association for Justice
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Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Trial
Date:May 1, 2006
Words:374
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