House offers alternative malpractice initiative
OLYMPIA – The state House passed a bill Friday that would give voters a third alternative for reforming medical malpractice laws.
Already, there will be one initiative backed by lawyers and one initiative backed by doctors on the November ballot. House Democrats said Friday that their plan represents the patients.
“Let’s end the finger-pointing and let’s focus on protecting the people of Washington,” said Rep. Pat Lantz, D-Gig Harbor, who sponsored the bill.
But others said the third ballot option will just confuse voters so much they’ll vote against everything, leaving the state with the status quo.
“It’s not real reform,” said Tom Curry, Washington State Medical Association executive director. “It is a cynical effort to confuse the voters in November.”
The House plan, if passed by the state Senate, would go on the ballot as an alternative to both the doctors’ Initiative 330 and the lawyers’ Initiative 336. Voters would decide on the two initiatives – and their alternatives – separately.
The House measure would institute a “three strikes and you’re out” law for doctors, allowing the state to revoke the licenses of doctors who make three serious mistakes, such as patient abuse or deadly malpractice, within 10 years. It would give the state insurance commissioner more power to regulate medical malpractice insurance rates, which have increased sharply for high-risk specialties such as obstetrics. And the measure would protect doctors and hospitals who apologize for mistakes, saying such apologies can’t be used as evidence against them in court.
No one apologized to Cheryl Marshall of Auburn when her son was injured during birth. It took four years for her to discover how severely disabled he was – Lucas, now 28, cannot speak, walk, or eat on his own.
“They wouldn’t look me in the eye and tell me what happened,” Marshall said. “I was only 18 when he was born. I trusted my doctor.”
She signed on as a sponsor to the trial attorney-backed I-336, and she said the House’s plan looks good to her too.
“I’m really excited about this. I’ve been griping for 30 years!” she said Friday. “It is a positive step for patient safety.”
The Institute of Medicine, an independent group that advises the government, estimated in 1999 that medical errors kill 44,000 to 98,000 hospitalized Americans each year – claiming more lives than car accidents, breast cancer or AIDS.
“Tens of thousands of people suffer and die every year because of medical errors,” said Rep. Eileen Cody, D-Seattle. “We can build a safer health care environment in Washington state, and everyone benefits.”
Republicans argued that a third alternative on the ballot will cause overloaded voters to throw up their hands and reject everything.
“This confusion will benefit those parties who seek to defeat the citizens’ initiatives,” said Rep. Skip Priest, R-Federal Way.
There’s truth to that, said Western Washington University political science professor Todd Donovan, who studies ballot initiatives. His research has shown that “no” votes increase along with the number of ballot questions.
History holds some exceptions, he said – voters sometimes will pick an initiative sponsored by a group they trust out of a crowded field. But usually, he said, “The more noise on the ballot, you increase the likelihood people will say ‘no.’ “
The House bill passed with a vote of 54-42. It goes now to the Senate, where it faces an uncertain future.