Malpractice bill passes Senate

After what some called a hammer-and-tong private meeting between trial attorneys and lawmakers, a bill to strengthen malpractice immunity for emergency room doctors was substituted, approved in the Senate and sent along Monday to the House for further consideration.

Language in the 3rd substitute of SB79 removes, or or least reduces, the size of what a Utah association of trial lawyers called blanket protection for all but the most egregious types of ER malpractice.

A new standard for bringing suit established by the bill — "clear and convincing" evidence — is the sorest part of the proposal to trial lawyers but remains intact, except that it will sunset July 1. 2013.

The condition is added almost as challenge by trial attorneys to have the Utah Medical Association and other care providers to back up claims that malpractice lawsuits are running rampant.

Trial attorneys have said the bill is fixing a problem that doesn't exist and amounts to fear-mongering.

Sponsor Sen. Peter Knudson, R-Brigham City, said regardless of the actual lawsuit count, the abiding threat of malpractice charges after an ER doctor has done his best under the circumstances to help have had a "chilling effect" on the capacity to keep emergency rooms fully staffed.

The sparse discussion on the Senate floor Monday was summed up by Knudson asserting that the bill "is a reflection of reasoned compromise."

The lack of debate and the 23-1 vote run counter to the course of the bill so far. SB79 has been controversial from the start, had close calls getting out of committee hearing and barely made it to third reading last week on a 16-12 vote.

With just until midnight Thursday to go and a long list of bills waiting for debate in the House, both proponents and opponents of the legislation won't predict if it will even come up, let alone pass or fail.

E-MAIL: jthalman@desnews.com