Tort reform bill vetoed by Ehrlich

ANNAPOLIS — Gov. Robert L. Ehrlich Jr. yesterday fulfilled a promise to veto a medical-malpractice insurance reform bill that includes a tax on health maintenance organizations (HMOs), calling the measure "a tax on working families."

But the Democratic-controlled General Assembly today is likely to override Mr. Ehrlich's veto when it convenes for an override session before the opening of its regular 90-day session tomorrow. The bill passed with veto-proof majorities in the House of Delegates and the Senate last month.

"It's a weak resolution," the Republican governor said of the legislation, which was devised during a special legislative session that he had requested.

"A few positive reforms are included in this bill," Mr. Ehrlich said during a press conference, flanked by members of his administration and a group of doctors. "The big-ticket items were negotiated away."

The vetoed bill would freeze the cap on noneconomic damages, such as pain and suffering, at $650,000 for three years. Mr. Ehrlich had sought to reduce the cap to $500,000.

Mr. Ehrlich also had sought to limit lawyers' fees and allow malpractice awards to be paid out over several years, which would be less expensive for insurance companies than paying awards in a lump sum.

The bill does not include a "three-strikes" provision sought by Mr. Ehrlich that would discipline lawyers who file frivolous malpractice lawsuits. The bill also would not require the losing side to pay for the cost of litigation.

The General Assembly's legislation would reduce the maximum payout for errors leading to death from $1.6 million to $812,500.

"No changes were made concerning tax consequences of lost wages, and no changes were made concerning future medical bills," the governor wrote.

I really am glad that a republican finally became the governor of Maryland. It is tougher then a bed of nails. I mean everyone seems to be a democrat in Maryland, so he is treading tough waters but he sure isn't allowing it to stop his goals that he promised to the republicans that voted him into office. There must have been a few democrats that voted as well.

How can they even call this a "tort reform" bill? They stripped out every single thing that trial lawyers hate.

It's stupid how the Peter Angelos wannabes can create this. They're protecting themselves and everyone else in their field.

3 posted on 01/10/2005 11:51:42 PM PST by Angry Republican (Screw the Sun! Ehrlich in '06!)

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