OHIO Panel compromises on malpractice bill

The proposal would cap malpractice damage awards but would not limit jury awards for economic or punitive damages.
COLUMBUS (AP) -- A House-Senate committee compromised their versions of a bill designed to hold down the cost of medical malpractice insurance by capping the amount of money injured patients could receive for their pain and suffering.
Under the measure approved on a 4-2 vote along party lines Thursday, patients injured by medical malpractice would have damage awards capped at $350,000 for most claims and $500,000 for injuries causing permanent disability or damage.
If there are multiple patients involved in a claim, such as a mother and her baby during a birth, damages would be capped at $500,000 in most cases and $1 million for those considered catastrophic.
Current law doesn't limit pain-and-suffering awards for patients injured by medical malpractice. The Ohio Supreme Court declared a similar attempt to cap awards unconstitutional in 1999.
No limits
Under the bill, no limits would be placed on economic or punitive damages, which insurers say are easier to project. The legislation also does not affect jury awards for medical expenses and economic losses, such as future earnings.
Tim Maglione, a lobbyist for the Ohio State Medical Association, said the group would be hesitant to agree with the proposal and would decide today whether to support it.
"We think the cap is too high to be effective," he said. "It's still a $1 million cap."
Both the full House and full Senate must approve the compromise bill, which then would go to Gov. Bob Taft for his signature. A Taft spokesman said the governor would have to review the changes before deciding whether to support it.
Supporters, including doctors who say soaring malpractice insurance costs may force them to retire or leave the state, say caps are needed to end huge verdicts that are driving up rates. Opponents, including lawyers who represent malpractice victims, say the legislation does not hold insurance companies responsible for the rate increases.