5-8-2006 Senate Democrats blocked Republican medical malpractice legislation during the GOP's opening session of a ''health week'' of proposals.

The failure two bills to cap damages juries can award in medical malpractice cases was expected since roll calls the week before fell well short of the 60 votes Republicans needed to advance the bill.
Republicans forced votes on the bills to demonstrate the GOP's commitment to fighting what Majority Leader Bill Frist called a ''litigation lottery.''
''It really boils down to the fact that health care dollars should be spent on patients and not on lawyers who are out abusing the system,'' said Frist, R-Tenn.
Democrats stated the bills were a boon to the insurance industry as an election-year effort by majority Republicans struggling against low poll numbers to maintain control of Congress.

Sponsored by Sen. John Ensign, R-Nev., the first bill, rejected 48-42, would have capped punitive and pain and suffering judgments against a physician or health care professional at $250,000. It would have allowed patients to be awarded up to $250,000 against one health care institution. Judgments against more than one institution would be capped at $750,000.
The other bill, sponsored by Sen. Rick Santorum, R-Pa., was rejected 49-44. It would have imposed similar caps on punitive and pain and suffering awards against doctors and institutions providing gynecological and obstetric care. The cap on awards from multiple defendants would be $500,000.

The 2004 election increased key Senate Republican seats, and raised hopes for tort reform as a prime priority. Class action lawsuits and medical malpractice were goals with immediacy to them. But legislative efforts have not so far been successful

President Bush publicly and repeatedly announced this priority. But it reamins a difficult challenge, as multiple failed reform efforts last year proved. The business media felt class action reform could pass but that tort reform was more challenging to get enacted. Business lobbyists were reported united with doctors for reform. One goal is reducing health care costs. "Opponents of the bill blame insurance companies, not lawsuits, for high malpractice insurance premiums. Plus, malpractice costs account for less than 2 percent of overall health care spending, so damage caps would have little impact on what businesses and individuals pay for health insurance, contends the Association of Trial Lawyers of America. "

Supporters of malpractice reform clearly still lack the 60 votes needed in the Senate. The push at the state level continues as well.

Another effort is aimed at restricting plaintiff's from suing outside the jurisdiction where they live or suffer injury. The Lawsuit Abuse Reduction Act, was introduced 1-26-2005 by Rep. Lamar Smith, R-Texas.Regarding class action, it is reported that the Senate, after consistently bottling up class action reform legislation, appears to have now cleared such a measure for passage within 10 days.