The Kaiser Daily Health Policy Report features recent developments related to medical malpractice in two states. Summaries appear below.Indiana: The state House Judiciary Committee last week discussed a bill under which plaintiffs could not submit apologies from physicians as evidence in malpractice lawsuits, the Indianapolis Star reports. The legislation would apply to malpractice lawsuits and most other cases that allege injuries. Under current Indiana law, plaintiffs can submit apologies as evidence in most lawsuits. Committee Chair Ralph Foley (R), who sponsored the bill, said that an apology "takes some of the bitterness away in litigation." At a Jan. 5 hearing on the bill, Warren Mathies, legislative director of the Indiana Trial Lawyers Association, said that the issue is "better handled at the judicial branch, at the trial level, rather than a one-size-fits-all approach." He added, "Lawyers for both sides and the judge are best equipped in doing what's right in those circumstances." The committee referred the bill to a four-member subcommittee to work on the language. Some committee members said the legislation should not apply to apologies that admit fault (Hafkin, Indianapolis Star, 1/6).

Massachusetts: A report recently released by the American College of Emergency Physicians awarded the state a "D-minus" grade for medical liability environment, the Boston Herald reports (Heslam/Mulvihill, Boston Herald, 1/11). The report attributed the grade in part to the "soft cap" that Massachusetts has on noneconomic damages in malpractice lawsuits. The cap limits noneconomic damages in malpractice lawsuits at $500,000 but often is not enforced. Malpractice insurance premium rates in Massachusetts increased by more than 50% from 2001 to 2004, and physicians have called on state lawmakers to reduce the cap to $250,000 to help address the issue. According to Assaad Sayah, president of the Massachusetts College of Emergency Physicians, many specialists have left the state to find "better medical liability environments." However, attorney Marc Breakstone said, "If ACEP gives Massachusetts a D-minus, that is a refection of the failing grade the insurance companies deserve for price gouging their own physicians," rather than the result of high damage awards in malpractice lawsuits (Heslam, Boston Herald, 1/11).

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