Bill curbing ER lawsuits suffers setback in House

By Howard Fischer

CAPITOL MEDIA SERVICES

PHOENIX — Efforts to give hospitals and doctors more protection from some malpractice claims got a serious setback Monday as the House refused to adopt the plan.

But proponents promised to resurrect it later this week.

The measure, SB 1032, would make it more difficult for those injured in hospital emergency rooms to sue for damages.

Under current law, an ER patient who alleges an injury needs only to prove it was more likely than not the doctor committed malpractice. This measure would bar recovery unless patients could prove by "clear and convincing evidence" the care provided to them did not meet professional standards expected in that situation.

Rep. Bob Stump, R-Peoria, said the higher hurdle for emergency-room cases is merited.

"They haven't seen the patient before," he said.

"They don't have access to the patient's records," Stump continued. "The patient may not even be able to communicate with them."

Stump said there is precedent for the change, noting existing state law already has the same standard of proof for malpractice lawsuits against anyone involved in delivery cases.

Foes have argued there is no evidence the change would reduce malpractice- insurance premiums, a point Stump conceded.

But he said the change would result in ER doctors practicing less "defensive" medicine, doing procedures and running tests solely to avoid being sued.

Sen. Carolyn Allen, R-Scottsdale, sponsor of the measure, said she believes the additional votes needed to approve the bill can be found. But it remains unclear whether Gov. Janet Napolitano, who vetoed identical legislation last year, has changed her mind.

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