Medical Malpractice Cap Increase Dead for 2009 Session on Louisiana Medical News

Medical Malpractice Cap Increase Dead for 2009 Session

By: Clark Cosse', Louisiana Hospital Assn

Though HB 224 by Rep. Edwards (D-Amite) was on the House Civil Law Committee agenda for Monday, June 1, Rep. Edwards told the LHA that he will not pursue a hearing on the bill and that it has been pulled from the committee’s agenda.

Rep. Edwards originally had it on the agenda as a discussion point, so that he could report on the progress of the negotiations among the Louisiana State Medical Society, the LHA, and the Louisiana Association for Justice. Some progress has been made, but because the bill is so complicated and there are so many moving parts, there is no way to develop a bill that can be supported by all the major players in time to negotiate the process in this session.

Rep. Edwards hopes to have a compromise bill next year.

HB 224, as filed, would have increased the Medical Malpractice Cap on non-economic damages from $500,000 to $750,000 and would have adjusted it to the Consumer Price Index every year. It would have also uncapped economic damages and raised the underlying layer to $150,000 from the current $100,000.

-Excerpted from the LHA's Impact Session Newsletter dated 5/29/09