Three states approved ballot measures addressing medical liability costs, while a measure in one state—Oregon—failed. Ballot measure 35 in Oregon would have amended the state's constitution to restore a $500,000 cap on noneconomic damage awards in medical liability cases (with an annual Consumer Price Index adjustment). That cap was first enacted in 1987 but was overturned by the state supreme court in 1999.
According to the Oregon State Board of Elections, the measure was narrowly defeated, with 50.6 percent of voters opposed.
The AMA, which has made medical liability reform its top legislative agenda, expressed disappointment about the vote in Oregon.
“The Oregon Medical Association and its physician members worked tirelessly to present the facts because they did not want to see patients' access to health care deteriorate any further,” said AMA President John C. Nelson, M.D., M.P.H. “Thousands of Oregon physicians, hospitals, nurses, allied health professionals, and the long-term-care industry did everything possible to take the high road on behalf of their patients.
“As a result of the narrow margin against Ballot Measure 35, however, Oregon patients should not be surprised to see greater numbers of family practitioners, obstetricians, neurosurgeons, and other needed specialists restrict their services, relocate to other states, and retire early.”
“Recruiting new physicians to Oregon also may become more difficult. As the crisis worsens, Oregonians will demand action, and in the end, the voice of the people will break through the personal-injury lawyers' smokescreens.”
In three other states, ballot measures addressing medical liability costs were successful.
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In Florida, Ballot Measure 3 was easily approved by a vote of 63.5 percent to 36.5 percent, amending the state constitution to limit the contingency fees attorneys receive in medical liability claims. Previously, a personal injury lawyer in Florida could receive as much as 40 percent of the money intended for patients. Ballot Measure 3 stipulates that the patient is entitled to no less than 70 percent of the first $250,000 and 90 percent of any damage award over $250,000.
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In Nevada, Ballot Question 3 amends Nevada's existing medical liability reform law by deleting any exceptions to the state's $350,000 cap on noneconomic damages. It also includes reforms such as requiring periodic payment of future damages over $50,000 at the request of either party and places limits on attorney contingency fees. The measure was approved by 59.4 percent of voters.
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In Wyoming, Constitutional Amendment C allows the use of a medical review panel to weed out meritless lawsuits against doctors and hospitals, while allowing cases with merit to proceed to court. That amendment was approved by 53 percent of voters. ▪
