Medical association seeks special session to limit injury suits

JEFFERSON CITY, Mo. -- Citing high malpractice insurance costs, a state physicians group is asking Gov. Bob Holden to call a September special legislative session to consider new restrictions on lawsuits in medical malpractice cases.

The request Wednesday from the Missouri State Medical Association comes just two weeks after Holden vetoed a bill backed by the group that would have imposed new limits not only on medical malpractice lawsuits but all personal injury lawsuits.

Holden, a Democrat, objected to the broad scope of the bill passed by the Republican-led legislature and said it did nothing to reform the insurance industry, which he said is needed to bring long-term relief to physicians.

A Holden spokeswoman said the governor had not seen the letter but would consider whether to add medical malpractice issues to special session to run concurrent with the legislature's annual veto session in September.

"It's a possible consideration, if there were a pretty good agreement as to what the bill would look like before the special session," said Holden spokeswoman Mary Still.

Tort reform bill

During the regular legislative session that ended in May, the medical association teamed with other business groups that insisted the so-called "tort reform" bill must address all types of injury lawsuits, not those affecting just some people such as doctors.

But the all-or-nothing approach may be losing steam.

"We're very selfish in our interest. We need to get our end of it fixed, it's just absolutely mandatory," medical association lobbyist Tom Holloway said Wednesday.

The letter to Holden asserts "Missouri is suffering an acute lawsuit insurance crisis that threatens access to health care for every man, woman and child in the state."

Some leading insurers have stopped offering new policies, and others have become insolvent over the past two years, leading to lower capacity in the Missouri insurance market. Some Missouri physicians have seen their malpractice insurance premiums triple and quadruple, even though they have not been named in a malpractice lawsuit.

In its letter Wednesday, the medical association specifically mentioned seven sought-after legal changes, including setting a $250,000 cap for pain and suffering awards. The bill vetoed by Holden would have restored a $350,000 cap -- the same amount imposed in 1986, which has grown with inflation to now stand at $557,000.

Another sought-after change would reverse the impact of a recent state court decision, which effectively negated the damages cap by allowing awards for multiple "occurrences" that contribute to a person's injury.

Limiting lawsuits

Yet another proposed change would limit lawsuits to being filed in the county where the injury occurred. The bill vetoed by Holden would have limited venue for all forms of personal injury lawsuits.

Still said the governor would support restrictions on where medical malpractice lawsuits can be filed, but not restrictions on other types of lawsuits.

Holloway said it may be difficult to limit lawsuit venues only for a certain class of defendants, such as physicians and medical groups.

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On the Net

Missouri State Medical Association: www.msma.org

Gov. Bob Holden: www.gov.state.mo.us