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The joint has issued another sentinel event alert. This one involves Patient Controlled Analgesia (PCA). The problem is the selection of patients for this and the helpful family, friend or nurse that wants to help the patient. This leads to potential over sedation and potential respiratory depression and death. The joint recommends (read: you will do) develop criteria for patient selection, monitor patients with oximetry or capnography, teach other not to touch the button and put up warning signs in the patient room. Top
As mentioned in the Recent News Section Maryland is going through a special session of the legislature. The Senate has voted 32-14 for a bill that is sure to be vetoed since it has minimal changes in the med mal arena and has a 2% tax on HMOs which the Governor has said he would veto. The Assembly has come up with a different plan but with the same tax. The bill would use $40 million from a tax on the HMOs to fund all the premiums above a 5% increase. The non-economic damages in wrongful death cases were reduced fro $1.6 million to $850,000. In other med mal cases the non-economic damages would be $650,000. The past med damages would be that actually spent by the plaintiff or the insurer, not costs. The bill would also tighten up who may testify as experts and require mediation unless both sides agree to forgo the process. In licensure, the medical board now can use the preponderance of the evidence standard not clear and convincing.
After the above, the two houses agreed on a bill with the lowering of non-economic damages to $812,500 from $1.6 million but it also had the veto promised 2% tax on HMOs. There seems to be enough Democratic votes to override the veto.
In Washington State the legislature is getting a bill to limit non-economic damages to between $350,000 to $1,050,000 depending on the number of defendants. It would also limit attorney fees, allow payment over time, allow collateral source of payments to be introduced and each defendant to be liable for only their own share of the fault. Top
DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.