OLYMPIA, Wash., June 17 /PRNewswire/ -- Physicians, frustrated by the lack of action to pass meaningful liability reform, filed an initiative to the legislature today in hopes of forcing the governmental body to take action on the issue during the next legislative session. After filing the initiative, Doctors for Sensible Lawsuit Reform, a group representing more than 9,000 physicians in Washington State, will be required to gather 197,734 signatures from registered Washington voters by December 31, 2004. If the legislature fails to act on the initiative during the session beginning in January, the measure will proceed to the general election ballot in the fall of 2005.
“For the past two sessions, despite a demonstrated need for action, a few obstructionist politicians in the House have refused to take action on bills passed by the Senate -- essentially killing them in committee and preventing members from voting,” said Maureen Callaghan, MD, Chair, Executive Committee of the Washington State Medical Association and practicing neurologist in Olympia. “We feel we have no choice other than to try to force the legislature to take action on this important issue.”
For several years physicians have been warning that excessive costs and an unfair legal system are threatening the ability of physicians to practice medicine -- potentially leaving patients without access to needed care. Doctors are limiting vital services such as obstetrics, trauma care and brain surgery because of the fear of being sued and the uncontrolled costs of the legal system. Many communities are finding themselves without necessary medical services and some areas are finding it extremely difficult to recruit new physicians.
The initiative filed with the Secretary of State’s Office includes provisions that will:
-- Maximize patient recovery of damages -- a sliding scale cap on attorney’s fees ensures the patient will get more of the award; -- Fully compensate patient injury -- there is no limit on actual damages, including lost wages, medical and hospital bills, rehabilitation, prescription drugs, in-home care, child care, special vehicles and other equipment. In addition, patients can receive another $350,000 up to possibly $1,050,000 for pain and suffering and other non-economic damages; -- Guarantee payments over time -- awards over $50,000 would be paid over time to ensure the injured patient receives benefits on an on-going basis; -- Simplify the process -- quicker settlements will be encouraged through voluntary arbitration and mandatory mediation of disputes; -- Make juries aware of other payments -- the risk of unjust double recoveries will be reduced by fully informing juries about other compensation the injured patient has received or will receive.
“We know from research there is broad public support for fixing the tort system in this way,” said Callaghan. “When we get the required signatures and submit the initiative to the legislature it will be a message -- directly from the people of Washington -- ‘stop the gridlock, fix the problem so I can have access to my doctor’.”
Washington State Medical Association
CONTACT: Susan Callahan, +1-206-794-4706, or Jennifer Hanscom,+1-206-441-9762, both for Washington State Medical Association
