Bill to lift medical malpractice cap advances

By David McGrath Schwartz

Monday, April 20, 2009 | 1:42 p.m.

The Nevada Assembly passed a bill Monday that would lift the medical malpractice cap of $350,000 for non-economic damages in cases of "gross negligence."

The bill passed 26-15, with Democratic Assemblymen Harvey Munford and Morse Arberry joining Republicans against the bill.

The issue has gained momentum after the Hepatitis C outbreak last year in Las Vegas.

Republicans argued that easing the cap would scare doctors out of Nevada by raising insurance rates for doctors.

"We have a challenge of getting enough doctors in Nevada," said Assemblyman Joe Hardy, a doctor from Boulder City. "This will decrease the level of care.

Assemblywoman Sheila Leslie, D-Reno, said, "I agree we need access to health care. I also think we need access to justice when somebody has been harmed by the medical system."

Assemblyman James Settelmeyer, R-Gardnerville, pointed out that voters in 2004 passed the cap.

At the time, doctors and health care advocates put on a major public relations blitz that argued Nevada was losing doctors because of high insurance premiums. Trial lawyers and others argue that it was a contrived crisis.

The present law limits non-economic damages in medical malpractice suits to $350,000. This bill would permit unlimited damages for instances of gross negligence. It would also give patients an extra year to determine if they should bring suit.