Spin Docs & Insurance Bucks Push "Tort Reform" Through Judiciary

January 31, 2003

Bill goes from gawd awful to just awful

Senate Judiciary toned down HB2122, (welfare for the insurance industry bill) from, in the words of one observer, " gawd awful to just awful," and passed the bill on to Senate Finance. Finance will take up the bill next week.

Here are the "improvements":

• The cap on "non-economic damages" raised from $250,000 to $500,000 in cases of wrongful death, permanent disability or loss of limb;
• Tightens the application of the $500,000 "Trauma Cap" for emergency care in hospitals, but extends the cap to emergency squads;
•Eliminates the periodic payment requirement for large jury awards;
• Reduces the 50% threshold to 25% on the chances that the patient would have survived if not for the malpractice;
• Requires the funding of a "Patient Injury Compensation Fund" by the legislature before the rule eliminating "joint liability" goes into effect;
•Tinkers with the "collateral source" rule that allows jury awards to be reduced by the payments from the victims own insurance (adding insult to injury);
• Sunsets (eliminates) all caps and limits if doctors fail to set up their own Physician's Mutual Insurance company by 9/04.

All in all, this is still a draconian bill that "blames the victim" for the docs problems in getting malpractice insurance. It does nothing to improve the quality of care or reduce malpractice. The Chair of Judiciary admits it will not reduce malpractice costs for docs. It does nothing to reform insurance regulation in WV, instead provides for windfalls to the industry in reduced costs without reducing rates.

The Senate Finance Committee is perceived as "tort reform" friendly and may undo the moderate improvements of Judiciary. Its membership can be found on the legislative web page at www.legis.state.wv.us - look under the Senate on the left hand menu. Remember to send a message to your individual senators from the victim's rights page. The message can be any or all of these: "Vote no on HB2122" "Don't fix med mal on the backs of victims" "Eliminate caps on jury awards for injured patients" "Put 'joint liability' back in" "Don't undo Judiciary's amendments" "no more welfare for insurance companies" Take your pick.