Hawaii Legislature advances bill to limit malpractice lawsuits

March 5, 2009

The state House Judiciary Committee approved a bill yesterday that could lead to additional caps on noneconomic damages in medical malpractice claims against doctors in five specialties vulnerable to lawsuits.

The vote was a significant hurdle for doctors and other supporters of malpractice reform, since similar bills have died before the committee in the past. The bill was drafted as a compromise to get House approval and to encourage talks with the state Senate, where many senators are opposed.

Advocates believe the bill addresses one key reason for the flight of some doctors from the Islands. Yesterday’s action positions the bill for a full House vote after several years where malpractice reform has idled.

The bill would create a medical malpractice task force that would recommend caps on non-economic damages, such as emotional distress and loss of companionship, to lawmakers before the 2010 session. A separate medical malpractice insurance rate commission would recommend reasonable market-price malpractice insurance rates.

Read Article: Honolulu Advertiser

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