REPUBLICANS ON CAPITOL HILL SAY REFORMING THE LEGAL SYSTEM IS ONE OF THE TOP ITEMS ON THEIR AGENDA.
THIS WEEK THE US SENATE VOTED IN FAVOR OF A BILL TO LIMIT CLASS ACTION LAWSUITS.
NEW HAMPSHIRE SENATOR JUDD GREGG IS FILING A BILL DESIGNED TO REDUCE THE COSTS OF MEDICAL LIABILITY INSURANCE.
NEW HAMPSHIRE DOCTORS SAY IT'S A CRISIS.
LAWYERS SAY THIS ISN'T THE WAY TO FIX IT.
NHPR CORRESPONDENT JULIE DONNELLY REPORTS FROM WASHINGTON.
SENATOR JUDD GREGG SAYS HE'S HEARD A LOT OF STORIES FROM PEOPLE LIKE JEAN DUDLEY.
SHE'S AN OBSTETRIC NURSE FROM NEWBURY WHO WAS NAMED IN A MEDICAL MALPRACTICE LAWSUIT.
AND NOW SHE CAN'T GET A PRIVATE INSURER TO COVER HER.
AT A NEWS CONFERENCE ON CAPITOL HILL SHE DESCRIBED WHAT IT WAS LIKE TO GET A LETTER FROM A PATIENT'S LAWYER - CALLING HER RECKLESS AND MALICIOUS.
"It's maybe over two years before you can again hear from this lawyer. In the meantime, you're living under a cloud. I don't know of any nurse that I work with that recklessly or willfully abandons or doesn't take care of their patients."
SENATOR GREGG SAYS IF THE GOVERNMENT DOESN'T ACT TO REIN IN THE COST OF MEDICAL LIABILITY INSURANCE, THE HEALTH CARE SYSTEM WILL SUFFER DIRE CONSEQUENCES..
"we're losing good doctors in the OB area especially because they're not able to pay their premiums on their malprctice insurance. There are places in New Hampshire where we don't have doctors to deliver babies"
GREGG'S CLAIMS ARE BACKED UP BY THE NEW HAMPSHIRE MEDICAL SOCIETY.
VICE PRESIDENT PALMER JONES SAYS KEEPING NEUROSURGEONS IN THE STATE IS A PARTICULAR PROBLEM.
"The state of new hampshire, the neurosurgeons have seen an increase of up to 200% over the last two years. We used to have 6 neurosurgeons covering 5 of the busiest emergency rooms in the state of New Hampshire. We were down to 2 and after 3 years of recruiting we finally got a third."
GREGG SAYS HIS BILL WILL LOWER PREMIUMS BY DISCOURAGING WHAT HE CALLS FRIVOLOUS LAWSUITS.
THE BILL INCLUDES A CAP ON NON-ECONOMIC DAMAGES - OTHERWISE KNOWN AS COMPENSATION FOR PAIN AND SUFFERING.
IT ALSO PROVIDES DIMINISHING FEES FOR LAWYERS.
SO AS JURY AWARDS GO UP - THE PERCENTAGE THE LAWYER CAN TAKE GOES DOWN.
BUT FOR EVERY WRENCHING STORY OF RURAL COMMUNITIES LOSING DOCTORS, THERE IS AN EQUALLY MOVING EXAMPLE OF A PATIENT WHO HAS SUFFERED AS THE RESULT OF A MEDICAL MISTAKE.
"the hardships i could tell you about...the parents of a two year old boy who was found dead in his bed after they had talked to a pediatrician who said all he had was a respiratory illness and he didn't need to be seen"
THAT'S LESLIE NIXON, A MANCHESTER LAWYER AND A PAST PRESIDENT OF THE NEW HAMPSHIRE TRIAL LAWYERS ASSOCIATION.
SHE SAYS GREGG'S BILL WOULDN'T REDUCE FRIVOLOUS CLAIMS.
"the problem with a bill like this is that it's aimed exactly at claims where a jury has already found that there is merit to the claim and that damages are warranted and all we want is for the playing field to be level."
THE GREGG BILL IS LIKELY TO BE JUST ONE OF SEVERAL DESIGNED TO ADDRESS THE MEDICAL MALPRACTICE ISSUE THIS TERM IN CONGRESS.
PALMER JONES FROM THE NEW HAMPSHIRE MEDICAL SOCIETY ANTICIPATES A LENGTHY DEBATE.
AND HE SAYS NEW HAMPSHIRE DOCTORS AREN'T HOLDING THEIR BREATH FOR NATIONAL REFORM.
"It would be great to have something passed at the federal level but I think the philosophy right now in New Hampshire is that we've got to do something for ourselves in New Hampshire"
THE MEDICAL SOCIETY SUPPORTS A BILL RECENTLY REFILED IN THE NEW HAMPSHIRE LEGISLATURE.
IT WOULD PROVIDE A PRE-TRIAL PANEL TO EXAMINE THE MERITS OF MALPRACTICE CASES.
JONES SAY MAINE HAS A SIMILAR PANEL, AND MALPRACTICE COSTS THERE ARE FORTY PERCENT LOWER THAN IN NEW HAMPSHIRE.
FOR NHPR NEWS I'M JULIE DONNELLY IN WASHINGTON
