Saturday, Feb. 1, 2003 | 11:39 a.m.
Here is a snapshot of the medical malpractice insurance situation in states considered to be in crisis by the American Medical Association:
Florida: More than 800 doctors in the Palm Beach area stayed off the job for two days in protest of high premiums. The legislature appears likely to consider a cap of $250,000 on pain-and-suffering damages in malpractice trials.
Georgia: Hundreds of doctors and health care managers rallied at the Capitol in November seeking a $250,000 cap on punitive damages. A new study in recent days indicated one in five Georgia doctors is abandoning high-risk procedures, including delivering babies, and hundreds more will leave the state or retire.
Mississippi: A dozen surgeons started monthlong leaves of absence from four Gulf Coast hospitals. A new law capping pain-and-suffering damages in malpractice cases at $500,000 took effect Jan. 1. Its supporters hope it will free the state of its "jackpot justice" image for multimillion-dollar verdicts. But lawsuits challenging the new law are expected.
New Jersey: As doctors planned a boycott of nonemergency care, legislators and state regulators were considering various proposals, including a cap on jury awards and limiting the time period for suing doctors.
New York: Last May, thousands of physicians paused during work to protest insurance costs and asked lawmakers for relief. In August the state insurance department denied the largest malpractice insurer a rate increase. Consumer groups argue there is no crisis, but acknowledge that New York physicians pay among the highest premiums in the country.
Nevada: Last year some doctors temporarily closed Las Vegas' top level trauma center forcing critically injured patients to be transferred. Petitions from doctors forced the legislature to reconsider malpractice laws adopted last summer. Doctors want to remove all exceptions to a $350,000 pain-and-suffering damages cap.
Ohio: A new law that provides caps from $350,000 to $1 million in damages has not provided immediate relief for doctors; insurance companies say the caps are too high and will take years to affect rates. Lawyers' groups say the caps are unconstitutional and will probably challenge it in court. Now there are more proposals ahead, everything from giving financial aid to doctors in high-risk specialties to persuading HMOs to raise doctors' reimbursements.
Pennsylvania: Roughly 900 doctors have left the state since 2001 to avoid paying premiums as high as $200,000, according to the Pennsylvania Medical Society. Scores of surgeons threatened to stop operating, but backed off Jan. 1 after the governor promised to fight to reduce their insurance payments. The advocacy group, Public Citizen, said its survey showed nearly 5 percent of the state's 39,000 doctors had lost or settled at least three malpractice cases - the highest rate in the nation.
Oregon: A growing number of doctors in rural areas are leaving or dropping high-risk specialties like obstetrics because of high insurance costs. The state Supreme Court in 1999 struck down a cap on punitive damages. After that, lawsuits and jury awards soared.
Texas: The governor has declared malpractice insurance an emergency issue and is pushing a cap of $250,000 on pain-and-suffering damages in malpractice trials. Trial lawyers promise "to fight it until the last dog dies." Some regions, such as the Mexican border area, are known for high jury awards and have doctor shortages.
Washington: Among legislative proposals is a $250,000 cap on punitive damages in malpractice cases and setting a time limit on when patients can sue. A similar damages lid was struck down by the state Supreme Court in 1986. Some insurance companies have pulled out of the Washington malpractice market.
West Virginia: About two dozen surgeons staged a nine-day walkout this month to protest high premium costs, forcing four hospitals to transfer some patients to neighboring states. More doctors threaten to walk out Feb. 1.
The Legislature is considering a cap on pain-and-suffering damages of $250,000 for most cases, $500,000 for trauma care. The state's current $1 million cap would be restored if the lower caps are ruled unconstitutional.
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