Senate Votes In Favor of Patients''

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"Senate Votes In Favor of Patients’ Rights"

The Senate rejected legislation on Monday that would have limited damages for victims of medical malpractice.

The first of two bills proposed by Republicans would have capped non-economic damages in medical malpractice cases to $750,000 with no single hospital or doctor having to pay more than $250,000.

The second bill was more limited in scope, applying only to obstetrics and gynecology – a field subject to high malpractice insurance premiums.

Capping awards on malpractice lawsuits would severely limit patients'' rights. Victims of medical negligence would be subject to a “one-size-fits-all” solution regardless of the extent of their individual pain and suffering.

“This one-size-fits-all approach is unfair to victims and limits their ability to hold wrongdoers accountable, letting those who are negligent off the hook for providing inadequate care,” said Ken Suggs, President of the Association of Trial Lawyers of America.

Proponents of the bills, however, contend that rising insurance premiums are driving doctors out of practice. Opponents refute this claim, citing American Medical Association data that establishes a 40 percent increase in the number of doctors since 1990.

Some democrats further argued that higher insurance costs are due to insurance profit and stock market losses and not medical malpractice claims. Most opponents regard these award limits as a veiled way to protect insurance company interests.

“These two bills are put here as a result of the insurance industry,” said Senate Democratic leader Harry Reid. “These measures before the Senate don''t represent a serious attempt to improve health care or the civil justice system in our country.”

Both bills fell short of the 60 votes needed to proceed to full Senate debate. In fact, neither bill received even 50 votes.