Doctors group seeking changes in malpractice law

Emily Richmond and Cy Ryan

Thursday, Oct. 3, 2002 | 11:35 a.m.

A group of Nevada doctors angered by the the state's new medical malpractice liability laws say they have nearly half the signatures required to force a legislative review in February.

The group, calling itself "Keep Our Doctors in Nevada," wants exceptions to caps on jury awards for pain and suffering thrown out and new limits put on attorneys' fees, organizer Dr. Rudy Manthei of Las Vegas said. The new legislation offers too much room for interpretation, something that makes insurance companies unwilling to insure doctors, he said.

"The reality is with doctors still leaving, we're losing good access to health care and medical services, particularly in the rural areas," said Manthei, an ophthalmologist.

The medical malpractice insurance crisis was sparked last winter, when St. Paul Cos. of Minnesota, which insured about 40 percent of Nevada's doctors, pulled out, citing the high cost of paying jury awards and settling claims in the state.

The Legislature passed a bill during a special session in July that put a $350,000 cap on pain and suffering awards, although there are exceptions. A judge can order a high award is justified, and a jury may consider special circumstances, such as gross malpractice, that results in death or paralysis.

The petition would limit the fees that could be paid a lawyer in a malpractice settlement or court award; would permit attorneys for doctors to present evidence at trial of other compensation that is going to the victims and provide for periodic payments to the injured.

Manthei said his group started with about 10 members but is rapidly There was a proposal in the special session to limit the fees of lawyers but it failed.

"We feel the patient should receive the largest percentage of the award," Manthei said.

He acknowledged lawyers would oppose this but he said a public opinion poll taken 10 days ago show 80 percent of those sampled feel there should be additional laws passed to keep doctors from leaving Nevada.

If successful, the petition would be presented to the 2003 Legislature, which must approve or reject it in the first 40 days of the session. If it is not passed or if it is changed, then it goes on the ballot in 2004.