Senate to Consider Bill with Higher Cap on Malpractice Damages

Senate Majority Leader Bill Frist (R-Tenn.) on Wednesday outlined his agenda for the next two months and said the Senate in May during "Health Week" would consider medical liability legislation and a bill, (S 1955) that would allow small businesses to form association health plans. The medical liability bill would cap total noneconomic damages in malpractice lawsuits at $750,000 and would cap such damages at $250,000 per defendant. According to reports, previous bills that "have gone nowhere in the Senate" would have capped total noneconomic damages in malpractice lawsuits at $250,000. Sen. John Ensign (R-Nev.) said that the latest bill was modeled after a Texas law and that Congress should pass the legislation because malpractice insurance costs have forced a number of physicians out of business. Ensign added, "We're pretty pessimistic about being able to pass it" because of expected opposition from Democrats.