OLYMPIA…In an good-faith attempt to place everything back on the negotiating table, Sen. Dale Brandland, R-Bellingham, has introduced new legislation to solve the medical malpractice crisis gripping Washington state. 

“We have to do something to get this ball rolling again,” said Brandland, the Senate Republican lead on liability reform.  “Negotiations for meaningful reform were shut down last year over an unwillingness by some to discuss caps on noneconomic damages and limiting attorney’s fees.  We have to move beyond that; put everything back on the table and work from there.” 

Brandland’s new bill, Senate Bill 6063, sets caps on awards for noneconomic damages at a high $1 million.  The proposal also limits attorney’s fees to $10,000 per hour, whether charged at a fixed rate or contingency. 

“These limits on noneconomic damage awards are four times more than our original proposal,” Brandland said.  “And the cap on attorney’s fees is astronomical.  This bill is an attempt to show our willingness to compromise.  At what point will the other side come back to the table to discuss caps?” 

Below is information about the medical malpractice insurance crisis’ impact on access and affordability of medical care in Washington state:

• In 2000, the medical jury award for malpractice rose 43 percent, to $1 million.  By 2001, 52 percent of all awards exceeded $1 million.  (Trial Lawyers Association)  

• In Washington, Physicians Insurance, the state’s largest malpractice insurer, charges obstetricians $71,994 a year for a standard policy.  That compares to $45,018 in 2000, a 60 percent increase in four years.  Neurosurgery saw premiums go up 60 percent, from $58,443 to $93,463.  (The News Tribune, 1/18/04)

• Nearly 80 percent of doctors say they order unnecessary tests and 74 percent say they make unnecessary referrals to specialists.  Nationally, the price is an estimated $60 billion to $108 billion a year in unnecessary health-care costs.  (Trial Lawyers Association) 

• Although most high-dollar settlements are not reported, since 2000, Washington has had at least eight medical malpractice verdicts or settlements reported in excess of $1 million, totaling more than $38 million. (Group Health Cooperative)

• Between 1998 and 2002, the state medical association noted a 31 percent increase in the number of its physician members moving out of state. (Washington State Medical Association, 1/10/2002) 

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 For more information contact Tami Davis (360) 786-7519 or davis.tami@leg.wa.gov