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House, Senate to work out differences after reps pass bill limiting medical malpractice
wistv ^ | 3/4/5 | Chris Rees

Posted on 03/04/2005 6:52:09 AM PST by Ravi

(Columbia) March 3, 2005 - The South Carolina House of Representatives on Thursday voted in favor of medical malpractice bill. It faces a third reading Friday before heading back to the Senate next week, where similar legislation has already been passed.

The Tort Reform Act of 2005 Relating to Medical Malpractice limits the liability on non-economic damages to $350,000 per health care provider or institution up to $1.05 million for each plaintiff.

Under the act physicians rendering care in life and death emergency cases and obstetricians who provide care in life and death emergency cases to patients who have had no prenatal treatment are liable only if they are grossly negligent.

The major difference between the House and Senate bills is the plan passed by representatives requires people first try mediation before filing lawsuits. Mediation doesn't mean they can't file lawsuits later. House Judiciary Committee chairman Jim Harrison says mediation could reduce the costs of frivolous lawsuits if people decide to settle.

Harrison said the bill "goes a long way in better protecting our doctors from heavy-handed judgments and frivolous complaints while still protecting the right of those truly injured to obtain relief."

Supporters say the cost of doing business is driving doctors out of some specialties, including obstetrics and neurosurgery.

Opponents say doctors and hospitals that are responsible for severe injuries or death have to be held financially accountable.


TOPICS: Extended News; Government; News/Current Events; US: South Carolina
KEYWORDS: 109th; caps; doctor; malpractice; southcarolina; tortreform; triallawyer
The tort reform train gains steam.
1 posted on 03/04/2005 6:52:11 AM PST by Ravi
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To: 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; Abbeville Conservative; acf2906; ...

South Carolina Ping

Add me to the ping list. Remove me from the ping list.

And don't forget to check out the thread about the March 19th FReep in Fayetteville, NC. We need all the help we can get to counter the commies.

2 posted on 03/04/2005 5:16:32 PM PST by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: upchuck
You beat me to the ping....I like the freep reminder.

I am glad to see this bill moving. I can hear candidate Sanford saying "I signed a medical malpractice reform bill..."

3 posted on 03/04/2005 6:05:04 PM PST by SC Swamp Fox (Aim small, miss small.)
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