The Senate on Tuesday rejected 48-45 a motion to end debate on a bill (S 2061) that would cap noneconomic damages in medical malpractice lawsuits against OB/GYNs, falling 12 votes short of the 60 required to force an up-or-down vote on the measure, the New York Times reports (Gay Stolberg, New York Times, 2/25). The measure, sponsored by Sens. Judd Gregg (R-N.H.) and John Ensign (R-Nev.), would limit pain and suffering damages in malpractice lawsuits against OB/GYNs to $250,000 and would limit punitive damages in such malpractice lawsuits to twice the economic damages awarded or $250,000, whichever figure is higher. A comprehensive medical malpractice bill (S 11) that would have limited to $250,000 noneconomic damages in all malpractice suits in July 2003 failed to gain sufficient votes in the Senate to end debate and force an up-or-down vote on the measure. In an attempt to gain more support for the measure, Senate Republicans narrowed the scope of this year's malpractice bill and have said that it would increase women's access to health care (Kaiser Daily Reproductive Health Report, 2/23).

Two Sides
Tuesday's vote was "largely split along party lines," with most Republicans in support of ending debate on the measure and most Democrats in support of continuing discussion on the measure, according to Congressional Quarterly (Schuler, Congressional Quarterly, 2/24). Republicans say that large damages in malpractice lawsuits have led to high malpractice insurance premiums, leading some OB/GYNs to stop practicing, according to Reuters (Kenen, Reuters, 2/24). However, Democrats say that insurance companies are responsible for the rising cost of malpractice premiums and that limiting damages in suits against OB/GYNs would specifically penalize women because damages would not be limited in other malpractice lawsuits, according to the Washington Post (Dewar, Washington Post, 2/25). The American Medical Association and the American Insurers Association -- both "longtime GOP allies" -- support the measure, while trial lawyers -- "longtime Democrat allies" -- oppose the legislation, the AP/Las Vegas Sun reports. Some conservative groups oppose the bill because it could protect some abortion providers, according to AP/Sun. "Were it to pass, abortions would be even more pervasive because the bill immunizes doctors performing these procedures from accountability for their worst mistakes," Ken Conner, former president of the Family Research Council, said (Holland, AP/Las Vegas Sun, 2/25).

Reaction
President Bush said that he was "disappointed" by the Senate vote, adding, "Without the passage of reasonable reforms, the nation's badly broken medical liability system will continue to drive physicians like obstetricians and gynecologists out of the practice of medicine and drive up the costs of health care for all Americans" (White House release, 2/24). Sen. John Cornyn (R-Texas) said that Democrats are "plac[ing] personal-injury lawyers above pregnant women" by supporting the bill (Fagan, Washington Times, 2/25). Democrats said that Republicans are "playing politics" with the issue, and that the bill would "strip patients of their right to legal recourse," according to the New York Times. Sen. Patrick Leahy (D-Vt.) said, "It is an election year and their lobbyists came up and said we really want this bill, so here it is" (New York Times, 2/25). Gregg said that Republicans plan to expand the measure to include malpractice damage limits for emergency department doctors and physicians in areas with few doctors and medical facilities and then bring the measure back to the Senate, according to the AP/Sun (AP/Las Vegas Sun, 2/25).