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Malpractice bill pronounced dead at Capitol


Tuesday, April 29, 2008

Local doctors rejoiced Tuesday after state lawmakers on the House Judiciary Committee struck down a bill aimed at increasing the amount of money medical malpractice victims could seek in court.

Dr. David West, who practices at St. Mary’s Hospital, said he was relieved to hear the malpractice bill has died, particularly because it would have increased costs for doctors and, as a result, consumers.

“It would have had devastating impacts for rural Colorado, making health care more expensive and much less available,” West said.

Senate Bill 164 would have redefined damages in medical malpractice cases and allowed malpractice victims to seek up to $468,010 in damages.

The House Judiciary Committee struck down the bill in a 7-2 vote shortly after noon Tuesday.

Rep. Steve King, R-Grand Junction, who voted against the measure, said the bill’s timing was especially inappropriate, given the Legislature’s stated goal of expanding access to health care and reducing associated costs.

Dr. Traci Simms, a local obstetrician and gynecologist, said ongoing discussions about making health care cheaper and more accessible would be better venues to discuss malpractice reform.

She said bills similar to one offered by Senate President Peter Groff, D-Denver, and Rep. Terrance Carroll, D-Denver, are not helpful as stand-alone measures.

Dr. Brian Witwer, a local neurosurgeon, said he hopes the Legislature avoids revisiting the issue next year and maintains Colorado’s reputation as a physician-friendly state.

Witwer said Colorado has some of the best physicians because of a climate that is “conducive for practicing medicine.”

He said state law already allows for victims of gross negligence to seek legal recourse.

Witwer said he hopes future attempts by trial lawyers to expand the amount of money they can collect also fall flat.

Rep. Bernie Buescher, D-Grand Junction, said he, too, was glad to hear the bill had died.

“I think as we are going into the next couple of years with a serious discussion about health care in the state,” Buescher said, “it was the wrong time and wrong issue.”

E-mail Mike Saccone at msaccone@gjds.com.

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