Senate's Medical Malpractice Compromise Bill on Hold
[Posted 03/2703]

	For More Information MICRA Resource Center U.S. House Passes National Tort Reform Bill [Posted 03/2003]

As has been reported in Alert over the past few months, California Senator Dianne Feinstein had hoped to introduce a national version of California’s Medical Injury Compensation Reform Act (MICRA), which allows full recovery of economic damages—including lost earnings and benefits, medical care, and rehabilitation costs—but caps noneconomic damage awards at $250,000. Sen. Feinstein has thus far, however, been unable to gain the support of any U.S. Senate Democrats for her "pure MICRA" bill.

The senator has been working with Republican leaders, including Senate Majority Leader Bill Frist, M.D., in an attempt to craft a bipartisan compromise bill. But because of CMA’s serious concerns about the proposed compromise, which would cap most noneconomic damages at $500,000 and provide for a $2 million cap on noneconomic claims in some "catastrophic" cases, Sen. Feinstein has decided not to introduce the bill.

"Senator Feinstein is an incredible physician ally and is not giving up on her commitment to find a real solution," says CMA CEO Jack Lewin, M.D. "The senator agrees with us that no bill at all is better than an ineffective one."

The good news, however, is that AMA and CMA have convinced Sen. Feinstein and Senate leadership that tort reform is not dead in the Senate. Indeed, Sen. Feinstein continues to negotiate with Republican leaders, and hopes to craft a bill that will gain the support of Senate Democrats and the physicians the bill is intended to protect. CMA leaders have made it clear to Senate leadership that CMA will not compromise on the $250,000 cap or other key MICRA provisions.

Contact: Rachel Doherty Smith, 916/444-5532 or rsmith@cmanet.org.