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The Honolulu Advertiser
Posted on: Tuesday, April 25, 2006

Lingle pressing House on malpractice reform

By Derrick DePledge
Advertiser Government Writer

Gov. Linda Lingle, state House Republicans and the Hawai'i affiliate of the American Medical Association are trying to pressure the chairwoman of the House Judiciary Committee to hear a medical malpractice reform bill before the session ends next week.

The bill would limit non-economic damages, such as for emotional distress or the loss of companionship, to $500,000 in malpractice claims against obstetricians, gynecologists and trauma-care doctors. State law already limits damages for pain and suffering to $375,000.

Lingle and other supporters of the bill said medical malpractice insurance costs are one of the reasons doctors are leaving the state. The Hawai'i Medical Association, an affiliate of the American Medical Association, took out a notice in yesterday's Advertiser challenging state Rep. Sylvia Luke, D-26th (Punchbowl, Pacific Heights, Nu'uanu Valley), the chairwoman of the House Judiciary Committee, to hear the bill.

House Republicans are expected to propose a motion on the House floor today to recall the bill from Luke's committee. The motion would require one-third — or 17 — lawmakers to agree, and House sources said last night that it is highly unlikely it will succeed.

Luke said there are no assurances the bill would reduce insurance costs or lead more doctors to practice in rural areas, where there are shortages. "I don't think this bill is necessarily what they're trying to achieve," she said.

The bill passed the Senate and the House Health Committee and House Consumer Protection and Commerce Committee but stalled in the House Judiciary Committee. Even if Republicans were able to free the bill, it would still need approval from the House and then, since it has been amended, would have to go before a House and Senate conference committee by the end of the week.

House Minority Leader Lynn Finnegan, R-32nd ('Aliamanu, Airport, Mapunapuna), said she just wants to give the House a chance to vote on the bill.

"The costs have gone up so much that doctors are closing up shop," she said.

The ad aimed at Luke implied that she has not heard the bill because she works at a law firm that specializes in personal injury cases and has received political contributions from plaintiff attorneys.

Luke said the idea behind a part-time Legislature is that lawmakers will bring their knowledge and work experiences to the state Capitol but said her position on the bill is not motivated by her job.

"That's just a ridiculous claim," she said.

Lingle released a statement yesterday afternoon calling on lawmakers to move the bill forward.

"The current system is failing and is simply unacceptable," Lingle said.

"The future vitality of Hawai'i's healthcare system depends upon responsible, sensible medical malpractice tort reform."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.


Correction: The state Senate last session passed a bill that would make benevolent gestures by doctors to patients involving medical errors inadmissible in medical malpractice claims. The bill was amended by the House Health Committee to set a cap of $500,000 on non-economic damages, such as emotional distress and loss of companionship, in claims against obstetricians, gynecologists and trauma-care doctors. The bill then stalled in the House Judiciary Committee. The Senate's action on the bill was described incorrectly in a previous version of this story.