Sen. Dianne Feinstein (D-Calif.) has said she will no longer support a bill that would cap jury awards for noneconomic damages in medical malpractice suits at $500,000, after the American Medical Association and the California Medical Association expressed opposition to the measure, the New York Times reports. "There is no way that I am going to introduce legislation that is going to be fought by my own doctors, who I am trying to help," she said. The bill was intended as a compromise to garner Democratic support, the Times reports (Gay Stolberg, New York Times, 3/27). The cap on noneconomic awards in the Senate compromise legislation is twice the amount called for in legislation (HR 5) passed by the House earlier this month. The compromise also would allow awards of at least $2 million for malpractice cases that result in disfigurement or physical disability. The Senate compromise bill would not limit lawsuits against managed care plans and drug companies. The House version, sponsored by Rep. James Greenwood (R-Pa.), would allow punitive damages of $250,000 or twice the amount of economic damages, whichever is higher. The measure applies to lawsuits filed against physicians, HMOs, pharmaceutical companies and medical device companies. In addition, the bill would allow state governments to increase or decrease the cap; no limit would be set for economic awards, which include medical costs and lost wages (Kaiser Daily Health Policy Report, 3/21).

Questioning the Cap
Dr. Donald Palmisano, president-elect of the AMA, cited a study that says a $500,000 cap would not reduce malpractice insurance rates, stating, "[W]e do not want to give support if it turns out to be something that will not do any good." Although the compromise bill would not override state laws already in place, Jack Lewin, chief executive of the CMA, said it "puts pressure on California to change a very good piece of public policy," adding that Feinstein is "right in holding back right now." California law caps noneconomic damages at $250,000, the same amount specified in the House bill. Feinstein's withdrawal of support "could deal a serious blow" to both the Bush administration and congressional GOP leaders who "saw an opportunity this year to bring about long-sought caps on jury awards against doctors," the Times reports. Senate Majority Leader Bill Frist (R-Tenn.) said he plans to continue negotiations with Feinstein to reach an agreement on a bill that physicians' groups would support. "I told the AMA that we've got to develop a bipartisan bill, a bill that is acceptable to senators on both sides of the aisle, and they should make a decision as to what to support," Frist said, adding that he would like the Senate to begin hearings on the issue by next week (New York Times, 3/27).