WASHINGTON – As public attention focuses on what
is increasingly being called a crisis in healthcare,
with bloated malpractice insurance premiums forcing
physicians in high-risk fields to close their doors,
Congress is finding itself deadlocked on legislation to
correct the problem.
A new survey released by the American Hospital
Association blames multi-million dollar malpractice
judgments for the high premiums and corresponding
failures in state health care coverage. The hospital
lobby is trying to build support for medical liability
reform legislation stalled in the U.S. Senate.
The House of Representatives passed a bill in March
that called for a $250,000 cap on non-punitive damages
and limits on lawyers’ fees. Connecticut’s
representatives voted along party lines, with
Republicans Nancy L. Johnson, Christopher Shays and
Robert R. Simmons supporting the measure; and Democrats
Rosa DeLauro and John B. Larson opposing.
In the Senate, legislation took a hit when Democratic
Sen. Dianne Feinstein of California withdrew her support
from a compromise that proposed similar restrictions,
but included exceptions for cases involving catastrophic
injury or death. Feinstein’s support was considered
critical to forging the bipartisan support necessary to
pass a malpractice reform bill in the closely divided
Senate.
Liability reform is an issue that pits two powerful
special interest lobbies -- the hospitals and the trial
lawyers -- against each other.
Hospitals and doctors argue that rising insurance
premiums are the result of expensive medical malpractice
suits, but trial lawyers say the insurance companies’
bad management has caused the price hikes.
Both have their own experts, statistics and deep
pockets. Trial lawyers have made substantial
contributions to the campaigns of both of Connecticut’s
Democratic senators, Joseph Lieberman and Christopher
Dodd. In their last Senate elections, Lieberman got
$50,000 from trial lawyers; Dodd received $66,000.
Lieberman, who has not endorsed any specific formula
for malpractice reform, has been supported in the past
by both hospitals and medical care providers, including
the American Hospital Association.
He showed his loyalty to both groups on Tuesday,
saying while he thinks malpractice fees “are so
high…that they have forced some doctors out of
practice,” he also believes that Congress must “find a
way to protect the right of people who are injured to
get compensation without creating open season for
lawsuits.”
Dodd said Tuesday that he would support legislation
to hold down malpractice insurance premiums, but
remained adamantly opposed to capping damage awards.
“They’re not going to get 40 votes in the Senate for
caps,” he said, but indicated he did not believe reform
was a dead issue.
Feinstein dropped her support for the emerging
liability measure when she found out that the American
Medical Association and other hospital groups would not
get behind her compromise.
“I am still interested,” she said Tuesday. “The only
solution I can think of is what I proposed,” she added,
“If AMA… won’t support it, there’s no sense for me to
proceed at this time.”
Senate Majority Leader Bill Frist of Tennessee and
Sen. Mitch McConnell, R-Ky., who are working to craft a
compromise bill, continue to look for Democratic
support.
The American Hospital Association’s survey of almost
1,100 hospitals focused on hospitals in 18 “crisis
states,” including Connecticut, and the differences in
liability expenditures between the crisis states and
so-called “reform states,” which have instituted damage
caps, limitations on attorneys fees and other legal cost
containment measures advocated by the association .
But Christopher Bernard, president of the Connecticut
Trial Lawyers Association, said this week that rising
insurance premiums are not linked to litigation costs
but, rather, to problems in the insurance industry.
According to the AHA, hospitals’ liability expenses
in crisis states have increased by 158 percent in the
past two years – more than twice the rate it cites for
the four reform states and substantially higher than the
average for other states.
Hospitals in crisis states, the survey said, spend
about $11,500 per bed on liability expenses, more than
twice the rate of reform states, it said.
The costs, according the AHA, are driving doctors out
of business, especially in high-risk practices like
obstetrics and neurology.
But others say that those rising costs are not the
result of litigation. A report issued last week by the
Center for Justice and Democracy, a New York-based
organization that advocates victims’ rights, said that
in most “crisis states” malpractice claims against
doctors are falling or remaining steady, while insurance
premiums continue to rise.
Bernard said that that is the case in Connecticut.
“We don’t have a problem in Connecticut with runaway
jury awards,” he said. The problem, he believes, lies
with insurance companies that kept their premiums
artificially low during the economic boom in the 1990s
and now are trying to restore their falling profit
margins.