Hawaii House Democrats on Tuesday for the second time this year defeated a medical liability reform bill (SB 3279) passed by the state Senate, the Honolulu Star-Bulletin reports. The legislation would cap noneconomic damages in malpractice lawsuits filed against obstetricians, OB/GYNs and trauma care providers at $500,000. In addition, the bill would establish a sliding scale for attorney fees based on judgments or settlements in malpractice lawsuits. The legislation also would eliminate joint and several liability for economic damages in malpractice lawsuits but would allow joint and several liability for noneconomic damages in cases in which "a health care provider's degree of negligence is 25% or more," the Star-Bulletin reports. State House Republicans and other supporters said that the bill would help stabilize malpractice insurance premiums in Hawaii, but state House Democrats said that the legislation is inadequate. State House Judiciary Vice Chair Blake Oshiro (D) said, "There's a multitude of approaches that we need to take. This singular approach ... is not sufficient." State House Minority Floor Leader Colleen Meyer (R) said, "The Legislature is almost over, and the problem that this bill seeks to remove has not gotten any better. It's something that we've been aware of -- a statewide problem -- for many years" (Reyes, Honolulu Star-Bulletin, 4/26). Gov. Linda Lingle (R), who supports the legislation, said, "The current system is failing and is simply unacceptable. The future vitality of Hawaii's health care system depends upon responsible, sensible medical malpractice tort reform" (Altonn, Honolulu Star-Bulletin, 4/25).

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