Panel approves 2nd ballot question on medical malpractice

An Assembly panel recommended Friday that Nevadans vote next year on two ballot plans for restructuring the state's medical malpractice insurance laws, with the question getting the most votes becoming law.

The Judiciary Committee gutted a bill that mirrored one of the ballot questions, dubbed "Keep Our Doctors in Nevada," and substituted language similar to a bill the Legislature passed during last fall's special session.

SB97, called "Keep Quality Medical Care in Nevada," also will be placed on the ballot, providing voters two widely divergent approaches aimed at helping doctors deal with soaring costs of medical malpractice insurance policies.

"Keep Our Doctors in Nevada," a doctors-backed measure, limits lawyer fees and removes two exceptions from Nevada's $350,000 cap on pain-and-suffering jury awards.

The measure approved by the Judiciary Committee on Friday increases pain-and-suffering awards for non-wage earners and mandates investigations of doctors if they have three complaints filed against them in seven years.

"Keep Quality Medical Care in Nevada" is backed by the Nevada Trial Lawyers Association.

There were no votes against SB97 when it came up for amendment and approval in Judiciary, although three members abstained. It now moves to the full Assembly.

Assemblyman Garn Mabey, a gynecologist and former obstetrician, at first questioned Friday's amendment, but voted for the measure following a last-minute move to resurrect his plan to revive the screening panels that would review malpractice claims before they go to court.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, urged Judiciary Chairman Bernie Anderson, D-Sparks, to use his only remaining bill for the screening panel plan.

Mabey and Buckley said the proposal will be an improvement on the old review panels, dismantled as part of the Legislature's medical malpractice changes during last year's special session.