House Judiciary
approves medical malpractice lawsuit limits
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - People who file medical
malpractice lawsuits would be required to go through mediation
before their cases could move through the court system under a bill
approved by the House Judiciary Committee on Tuesday.
Doctors complain that too frequently lawsuits that are filed
against them are thrown out, leaving them with legal expenses, said
House Judiciary Committee Chairman Jim Harrison, R-Columbia.
"Mediation earlier in the process eliminates some of the costs of
defending frivolous claims," Harrison said.
Mediation brings all parties involved the lawsuit together to
seek a possible solution. It costs no more than $125 an hour and can
be handled in a day.
The requirement was an amendment to a Senate bill that had
included mediation, but only said that it would occur sometime
before a trial was held. The House panel's version specifically says
mediation would be the first step. Mediation would not affect a
person's ability to bring a lawsuit.
Under the Senate's version, "you could mediate the week before
you went to trial," Harrison said. "We want that mediation to occur
as soon as possible."
The bill, a key agenda item for Gov. Mark Sanford, now heads to
the House floor with only a few changes in what the Senate passed
last month.
The Judiciary Committee, however, agreed to keep the Senate
version of the legislation that limits jury awards in medical
malpractice lawsuits.
The measure puts a $350,000 cap on pain and suffering and other
non-economic damages in lawsuits unless juries are convinced that a
doctor's or hospital's actions were grossly negligent, willful,
wanton, or reckless.
The House also panel did not change Senate language that lets
people combine damages from a hospital, a doctor and another
caregiver to reach a maximum of $1.1 million in non-economic
damages.
Judiciary Committee members were divided on another issue in the
Senate's version of the legislation that sets standards for expert
witnesses. The bill requires affidavits showing the qualifications
of an expert witness in lawsuits brought against people in 22
professions. That list of professions includes people far afield
from health care: architects, lawyers, certified public accountants,
land surveyors and engineers.
"Why are we slipping through protections for architects and
attorneys?" asked Rep. John Graham Altman, R-Charleston. Marriage
and family therapists are "hardly on the level of a neurosurgeon,"
Altman said. He tried to cut those and other professions from the
list. The bill isn't the right place to offer lawyers and other
non-medical professionals protection, he said.
Altman's amendment failed with a 9-10 vote.
The Senate is expected to resume debate Wednesday on another bill
to limit lawsuits. That legislation limits where lawsuits can be
brought and cuts the length of time builders can be held liable for
shoddy
construction. |