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Maryland has introduced a bill to limit Pharma freebies to physicians. The bill prohibits physicians, nurse practitioners and pharmacists from accepting gifts worth more than $50. Those who violate the proposed law would potentially have their license revoked. It does nothing to the pharmaceutical companies. There is already guidelines for the giving of the presents. The money limit would not apply to the free samples or any money for education, grants and training. The legislature does not expect the bill to pass this year. Top
President Bush again reiterated his call for liability reform nationwide. He believes that $28 billion are spent yearly by Medicare physicians for defensive medicine.
The HHS states that the amount of high jury awards has increased during the past year. They feel that if national tort reform is passed this year there would be a saving to health care of $70-126 billion.
The House has passed the bill on a pure party vote. Punitive damages would be capped at twice the economic damages or $250,000, which ever is greater. It now goes to the Senate where it has been defeated several times in the past due to the Democrats.
The House passed a bill for a voluntary tracking of medical errors. The bill promises confidentiality to providers and that the information can not be used by plaintiff malpractice attorneys. The measure passed 418-0. They will finally look at system errors and not individual people errors. The Senate Democrats are eager to see the bill go down to defeat by making sure their friends, the plaintiff attorneys, will be able to get access to the information.
The FDA announced a requirement for bar codes on all meds to decrease the amount of drug reactions. They also announced a new reporting system on drug and blood reactions. There is no question that the bar codes would save drug errors but the FDA has no jurisdiction over hospitals. The pharmaceutical industry will need to bar code the medication and possibly but lot numbers and expiration dates on them. The hospitals would then need to purchase the requisite scanners and computers.
In Connecticut, the legislature is considering a tort reform bill that limits non-economic damages to $250,000. One patient, who obviously doesn't get the concept, states that her 15 year old daughter who was medically injured should be compensated over the $250,000 limit. She will need lifelong dialysis and other therapy. All agree with this notion but these are economic injuries and can be estimated by actuaries.
In West Virginia a compromise has passed the legislature. The physicians will get a tax credit of 10% for premiums between $30,000 to $70,000 and 20% if over $70,000. This would start in the 2002 tax year. Also a physicians mutual liability would be started and funded by cigarette tax money. The non-economic damages would be capped at the $250,000 except for $500,000 for wrongful death and bodily impairment that prohibits the patient from caring for himself. Trauma would also have a $500,000 cap.
In Florida, several dozen people lobbied against the proposed malpractice caps. The Governor was busy and did not talk to them.
Texas malpractice reforms came out of committee for House debate later. It would entail med mal, product liability and class action suits. Non economic damages for pain and disfigurement would be capped at $250,000 and punitive at $1.4 million. There would be no cap on economic damages. The House threw in the entire kitchen sink in this Bill. This may be to make sure it either is killed or overturned by the courts.
The Texas Senate has unanimously passed legislation regarding the Texas Board of Medical Examiners. This would allow the Board to punish physicians and give them more resources to punish physicians who violate state law. Priority would be given to violent crime and sexual abuse. The Board stated that about one half the physicians had malpractice claims against them in 2002. The House committee meantime passed the $250,000 limit on non-economic damages and a $1.4 million limit on punitive damages.
Georgia's Senate Judiciary Committee dropped the $250,000 non-economic cap from a malpractice bill. Instead it was recommended that the award be reduced on a yearly basis. The new bill would also reduce the interest charged from 12% to prime plus 3%. Top
The Federal Government is beginning to catch on. There will be no smallpox inoculations of any great degree until there is compensation for injury and death from the program. The compensation would be $216,100 for each person who dies or is completely disabled. A person can receive up to $50,000 if less disabled. This would also cover the public who come into contact with the vaccinated workers. There is still a disagreement if state Worker Compensation programs will cover injuries and lost wages. Top
The Senate voted 65-32 for the ban on partial birth abortion. The ultra left wing Senator from California said the bill was unconstitutional since it did not give any protection to the mother. She may or may not be correct. However, she is not a jurist nor even a lawyer, just a relative of Bill Clinton. This is the third time the ban has passed both houses. The other two times it was vetoed by Clinton. This time Bush stated he will sign it. 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.