Highlights of Initiatives 330 and 336

Here are brief overviews of Initiatives 330 and 336, the two ballot measures that seek to address problems their supporters see in the medical malpractice system.

I-330

Limits total “noneconomic damages” in most cases to $350,000 per claimant. If more than one health care professional or provider is responsible, each is liable for a proportionate share.

Allows payments greater than $50,000 to be paid over time.

Restricts the amount plaintiff’s attorneys could charge on contingency fees. No restriction on fees for defense attorneys.

If an injured person has already received compensation from another source, such as his or her personal insurance company, that company can’t seek reimbursement.

Plaintiffs must give 90 days notice before filing a lawsuit.

Requires mediation in all medical malpractice suits. Patients can be required to take all malpractice claims to binding arbitration rather than file a lawsuit.

I-336

Gives new powers to the insurance commissioner to review malpractice insurance rates and requires public notice of rate increases. Public hearings would be required for any increase higher than 15 percent.

Establishes a state supplemental malpractice insurance program to pay some claims.

Prohibits health care providers from rejecting certain settlement offers.

Adds two more members of the public – up from current number of four – to the Washington State Medical Quality Assurance Commission. Two members of the public could not be from the health care industry.

Would revoke licenses for any health care provider who has committed three cases of malpractice in 10 years.

Limits each side in a malpractice case to two expert witnesses for an issue.

More information

For more information on the malpractice issue and the two initiatives on the Internet, try:

The Secretary of State’s Voter Pamphlet: http://www.secstate.wa.gov/elections/

League of Women Voters of Washington Voters Guides: http://www.washingtonvoter.org/default.asp?id=168

Public Citizen study of state malpractice conditions: http://www.citizen.org/documents/washmedmal.pdf

Yes on I-330: http://www.yesoni330.org/

No on I-330: http://www.no330.org/