WILLIAMS AND LEACH INTRODUCE LEGISLATION THAT COULD BE A SHORT-CUT TO CAPS IN MEDICAL MALPRACTICE CASES

HARRISBURG, July 3, 2003 – State Senator Connie Williams, (D-Montgomery/Delaware) and State Representative Daylin Leach, (D-Montgomery) today held a press conference at Bryn Mawr Hospital to announce legislation that would alter the standard judges use to grant a Motion for Remittitur, a process by which courts are able to reduce jury awards for non-economic damages when they are deemed excessive.

The present standard for a Motion for Remittitur states that consideration can be granted only if the award “is so excessive and unconscionable as to shock the conscience of the court.”

Williams’ and Leach’s identical legislation (SB 862 and HB 1719) would have an immediate impact on medical malpractice insurance settlements by asking the court to consider whether the award deviated materially from what would be considered reasonable compensation.

“This legislation would enable a judge to base the non-economic damage portion of a medical malpractice award on a variety of considerations, such as age, severity of injury, and impairment when determining reasonability,” Williams said. “By altering the restrictions on Remittitur, we could have a cap system in place and functioning on the effective date of legislation.”

The new definition that would be employed when granting a Motion for Remittitur would tighten up the reforms that began with the passage of Act 13 of 2002. Act 13 allowed the court to consider the impact of the verdict upon the availability or access to health care in the community. It did not attempt, however, to alter the common law standard of excessiveness.

“So even as a judge considers the impact of availability of health care, this consideration still has to be measured by the excessiveness standard,” Williams said.

Leach said that the proposed legislation would help solve that problem by serving as a case-by-case cap for medical malpractice awards.

“By allowing a judge to look at a jury’s award utilizing the new ‘reasonable’ standard, we’ll be able to weed out excessive awards, effectively enforcing a cap-like system that is not overly stringent.”

Williams said that while she believes caps on non-economic damages must be a part of the remedy, caps, if enacted, would require a constitutional amendment in two consecutive sessions, approval by the voters and enabling legislation, which could take many years.

“Remedies that have been enacted so far will help in the long run, but more needs to be done right now,” she said. “This proposal is a short-cut to caps but just one of many legislative remedies necessary to attack the medical malpractice epidemic head-on.”

Williams said that the problem cannot be solved by looking to just one group.

“All affected partied will have to give to gain.”

“I look forward to working with the Governor, the courts, and the Legislature to resolve the reform issues that in the end will affect the doctors, lawyers, insurance companies, and the patients,” Williams said.