The Iowa Senate

State of Iowa

Eighty-First General Assembly

STATEHOUSE

Des Moines, Iowa 50319

For Immediate Release Contact: Kimberly Steenhoek

Tuesday, Feb. 14, 2006 (515) 281-6571

Senate Republicans File Medical Liability Reform Legislation

Bill would help improve access to health care; keep doctors in Iowa

DES MOINES – In an effort to improve access to affordable health care in Iowa, Republican senators today filed legislation aimed at curbing the high cost of medical liability insurance.

“Over the past few years, medical liability insurance premiums have skyrocketed due to the threat of large jury awards in malpractice cases,” said Senate Republican Leader Stewart Iverson (R-Clarion). “The rapidly rising cost of medical liability insurance is jeopardizing access to healthcare, especially in rural areas. We don’t want Iowa to be a state where it is easier to sue a doctor than to see a doctor.”

The bill would place a $500,000 cap on the amounts juries can award for non-economic damages in medical malpractice cases.

“The high cost of liability insurance is forcing more and more doctors to scale back their practices or shut their doors entirely. As a result, Iowans are traveling farther and waiting longer for needed medical services,” said Senate Co-President Jeff Lamberti (R-Ankeny). “This legislation is an important step we can take to keep good doctors in Iowa and ensure that Iowans continue to have access to quality health care.”

The bill is similar to bipartisan legislation signed into law last year by Illinois Governor Rod Blagojevich, a Democrat, which limits non-economic damages for medical malpractice cases to $500,000 for physicians and $1 million for hospitals.

There are 25 states that cap non-economic damages in medical malpractice cases. According to a 2005 study published in the Journal of the American Medical Association, states that capped non-economic damages saw a 2.4 percent increase in their overall number of doctors compared to states that have no such caps.

States with caps also experienced lower premium increases on liability insurance than states without caps, according to a 2002 study the U.S. Department of Health and Human Services. Medical liability insurance premiums in states with caps averaged increases of 15 percent during a single year while insurance premiums in states without caps averaged increases of 44 percent.

Physicians Michael Hart of the Iowa Ear Clinic in Des Moines and Greg Cohen of the Chariton Family Medical Center, who also serves as president of the Iowa Osteopathic Medical Association, joined senators at today’s news conference to voice their support for the legislation.

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