First malpractice bill proposed

Monday, July 22, 2002 | 11:06 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- Sen. Ann O'Connell, R-Las Vegas, has proposed the first bill for the special session to handle the medical malpractice problem.

"When I found out nothing had been requested, I thought we better do something," she said.

The Legislature is scheduled to meet next Monday to tackle the problem. Gov. Kenny Guinn is expected to issue the call for the session Friday and to outline his plan.

O'Connell's plan mirrors the California law that is supported by many Southern Nevada doctors.

It calls for a $250,000 cap on pain and suffering. There is no limit now in Nevada. Her bill also would eliminate the medical-dental screening panel, allowing cases to go directly to District Court, but it would limit the court to one year to dispose of cases.

She said that would give insurance companies some predictability and ensure companies would write malpractice insurance that would keep Nevada physicians from fleeing the state.

O'Connell's bill would also eliminate "joint and several" liability, which can require a defendant determined to be responsible for only a small portion of the fault to pay the entire award.