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Patients in four states to vote on medical liability reform

Physician Practice Advisor, November 12, 2004

Voters have an opportunity to protect access to their own physicians by voting 'yes' on specific ballot initiatives next Tuesday in Florida, Nevada, Oregon, and Wyoming, according to American Medical Association President John C. Nelson, MD, MPH, who issued the call to action at the start of a National House Call in Wyoming. The four states are among 20 experiencing a medical liability crisis. The ballot initiatives are as follows:

  • In Florida, a 'yes' vote on ballot measure 3 will amend the state constitution and limit the contingency fees attorneys receive in medical liability claims. Currently, a personal injury lawyer in Florida can receive as much as 40% of the money intended for patients. Ballot Measure 3 says the patient is entitled to no less than 70% of the first $250,000 and 90% of any damage award over $250,000.
  • In Nevada, a 'yes' vote on ballot question 3 will amend Nevada's existing medical liability reform law by deleting any exceptions to Nevada's $350,000 cap on non-economic damages. It also includes reforms such as requiring periodic payment of future damages over $50,000 at the request of either party, placing limits on attorney contingency fees, and more.
  • In Oregon, a 'yes' vote on ballot measure 35 will amend the constitution to restore a $500,000 cap on non-economic damage awards in medical liability cases (with an annual Consumer Price Index adjustment).
  • In Wyoming, 'yes' votes on constitutional amendments C and D will help reduce healthcare costs and keep doctors in the state. Amendment C allows the use of a medical review panel to weed out meritless lawsuits against doctors and hospitals, while allowing other cases to proceed to court. A 'yes' vote on Amendment D will allow the legislature to enact reasonable limits on non-economic damages, such as pain and suffering, in medical liability lawsuits, and guarantees full payment of economic damages such as medical bills, lost wages, and more.

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