North Carolina Lawmakers Approve Medical Malpractice Reform

North Carolina lawmakers have agreed to set caps on medical malpractice awards.  A new bill in the state will cap monetary damages for certain healthcare negligence cases.  The legislation, which was unanimously approved by the House, allows plaintiffs and defendants to have their cases settled by an arbitrator selected by both sides, or by the court at the parties' request.  Under the bill, hearings would begin within 10 months of the parties agreeing to enter into arbitration.  The arbitrator would have to issue a decision within two weeks of the hearing's close, and all monetary damages would be limited to $1 million.  Few appeals would be allowed. The measure had the support of both the North Carolina Academy of Trial Lawyers and the North Carolina Medical SocietyThe Politically Active Physicians Association, a group formed by concerned Pennsylvania medical practitioners to ensure quality medical care is delivered to patients, recently held a debate with Governor Ed Rendell concerning the state's medical liability crisis. The debate was sparked by Governor Rendell's announcement on the eve of his reelection campaign that "We've turned the corner" on Pennsylvania's medical liability crisis. Since that time, deaths due to diminishing access to physician care have increased, several hospitals have closed down, and more doctors have been forced out of business. Governor Rendell, who opposes medical liability reform, employs a leading anti-tort reform advocate from the Pennsylvania Trial Lawyers Association as his top spokesman and recently vetoed bipartisan legislation that would prevent lawyers from pursuing defendants for more than their fair share of the damages in cases that involve multiple parties. (Politically Active Physicians Association, 9/4)