Government

Tort reform on Wyoming ballot

NEWS IN BRIEF — Posted Aug. 9, 2004

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Wyoming voters will decide whether to allow the state to consider putting a limit on noneconomic damages awarded in medical malpractice lawsuits. The Wyoming Legislature in a July special session passed the measure to allow the question to go to Wyoming citizens, and Gov. Dave Freudenthal immediately signed it.

Wyoming is among a handful of states in which the constitution doesn't allow the Legislature to enact caps. If the ballot initiative passes in November, lawmakers then would be able to consider the idea of limiting noneconomic damages.

Physicians believe a cap would help alleviate the soaring medical liability insurance premiums they have experienced in recent years. Trial lawyers disagree that caps are the solution and say that insurance reform and fewer medical errors would help solve the problem.

Wyoming lawmakers also passed bills that would allow physicians to say they are sorry without having their sympathy used against them in a malpractice lawsuit, increase the number of University of Wyoming medical students, boost Medicaid reimbursement for obstetric services, create a medical malpractice insurance assistance account from which physicians could borrow money to help pay for tail coverage, and authorize a study on topics related to medical liability insurance.

At press time, Freudenthal had signed the "I'm sorry" bill into law, as well as the measure to boost Medicaid reimbursement rates. The other bills were still awaiting his signature.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2004/08/09/gvbf0809.htm.

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