By Tom Waring
Times Staff Writer
Labeling a medical malpractice reform plan by U.S. Rep. Jim Greenwood “simplistic and extreme,” Rep. Joe Hoeffel last week introduced his own proposal.
Greenwood (R-8th dist.) and Hoeffel (D-13th dist.) both want to reduce physician premiums, keep doctors in Pennsylvania and keep hospitals and trauma centers open.
The congressmen, though, disagree sharply on how to accomplish those goals.
Hoeffel outlined his plan at a Feb. 11 news conference at the Montgomery County Courthouse.
His bill would:
• Eliminate frivolous lawsuits by requiring that plaintiffs acquire a certificate of merit for their case before it is allowed in court.
• Allow judicial discretion, if there’s a cap on lawsuit damages, that would give a judge the latitude to adjust the non-economic award for extenuating circumstances.
• Partially lift the antitrust exemption enjoyed by the insurance industry.
At present, federal law gives states the power to regulate insurance companies. Hoeffel accuses those companies of engaging in price-fixing, price-gouging and anti-competitive practices.
“I think Pennsylvania historically has done a lousy job regulating the insurance industry,” Hoeffel said.
Both bills would provide for unlimited awards for medical costs, long-term care, lost wages and other necessary services.
The biggest difference in the two bills centers around a cap on non-economic awards, such as pain and suffering.
Greenwood’s HEALTH Act establishes a cap of $250,000, though states would be able to raise the limit. It would also place limits on punitive damages to be the greater of two times the amount of economic damages awarded or $250,000.
The bill would allocate damages in proportion to a party’s degree of fault. It would cap attorney fees and limit the number of years a plaintiff has to file a health-care liability action.
Hoeffel, a lawyer, doesn’t particularly like caps. He calls them “arbitrary.”
The Democrat points to Linda McDougal, the 46-year-old Wisconsin woman who received an unnecessary double mastectomy after being mistakenly told she had cancer. Two doctors and a technician mixed up her test results with another woman, who was falsely told she was cancer free.
If there were a cap on jury awards, Hoeffel would like to see it set at $1 million, with a judge able to increase it.
Hoeffel said only a small percentage of doctors is responsible for the majority of malpractice cases. But, he said, it doesn’t seem the medical community is addressing the problem.
“The profession does a poor job of regulating itself, as most professions do,” he said.
Hoeffel likes the fact the new Gov. Ed Rendell seems interested in the malpractice crisis.
Rendell testified at a congressional hearing on Greenwood’s bill last week at St. Mary Medical Center in Langhorne. He backs comprehensive reform and wouldn’t rule out a cap on non-economic damages.
Hoeffel’s office asked Greenwood’s staff if the congressman could testify.
“I was firmly rebuffed,” said Hoeffel, noting that no member of Congress was permitted to testify.
Greenwood’s bill passed the House last September by a vote of 217-203. But the Democratic-controlled Senate refused to act on it.
The bill’s chances for passage have improved since then.
In the November elections, Republicans kept control of the House and took over control of the Senate. In addition, President George W. Bush announced his support for Greenwood’s bill in his State of the Union address last month.
The main obstacle to the bill becoming law might be a filibuster in the Senate. Hoeffel said he’d prefer any reform bill to a filibuster.
Hoeffel isn’t confident his bill will pass as is. He labels its chances “very slim.”
“The Republicans in the House will be hostile to this,” he said.
Hoeffel is willing to compromise. He wouldn’t mind seeing some of his provisions included in Greenwood’s bill.
“Jim doesn’t have all the good ideas, and I don’t have all the good ideas,” he said.
Hoeffel thinks a compromise bill will ultimately pass, pointing out that Senate Republicans haven’t expressed support for Greenwood’s bill. Pennsylvania Sens. Arlen Specter and Rick Santorum are among those who remain undecided.
Bush would sign any reform bill, in Hoeffel’s opinion.
Hoeffel thinks medical malpractice reform can help everybody concerned.
“If we can reduce medical errors, we can reduce medical malpractice claims and the cost of insurance and provide better health care to patients,” he said. ••
Reporter Tom Waring can be reached at 215-354-3034 or twaring@phillynews.com