Robert Pittenger Introduces Medical Malpractice Reform Bill

RE: SB44

February 2, 2005

Robert Pittenger introduced medical malpractice legislation today in the North Carolina Senate that will help stem the tide of rising health care costs and protect access to physicians.  The legislation is modeled after reforms in Texas two years ago.  Already, the litigation in Texas has been reduced by 60% and there has been a 17% average reduction in the insurance premiums paid by physicians, according to the Congressional Budget Office.

Medical malpractice insurance premiums have skyrocketed in North Carolina for the past four years causing many health care providers in many counties throughout the state to cease or significantly limit their practice.

The legislation provides for a $250,000 cap on non-economic damages for physicians, $250,000 cap on non-economic damages for hospitals, and a $250,000 cap for long term health care facilities.  In addition there are collateral source rule reforms which prevent double recoveries, periodic payments in lieu of a lump sum, and limitation of attorney fees.  The legislation in consistent with AMA recommendations.

All Senate Republicans joined Pittenger as co-sponsors and Democrat Senators David Weinstein and Larry Shaw also served as co-sponsors.

"It is imperative that North Carolina act now with meaningful reforms to insure that we have access to physicians and they are able to continue their practice. Other states in our region have enacted reforms or are in the process of doing that at this time, which is another impediment for companies relocating to our state to provide jobs," Pittenger said as he introduced the bill.