Malpractice Bill Highlights

Here are highlights of the medical malpractice legislation approved yesterday by the Maryland General Assembly over Gov. Robert L. Ehrlich Jr.'s veto. The bill:

• Uses $40.7 million (in the first year) from a tax on HMOs to limit increases in doctors' insurance rates to 5 percent next year. Doctors insured by the state's largest malpractice carrier were facing an average increase of 33 percent.

• Reduces a cap on damages for pain and suffering in wrongful death cases from about $1.6 million to $812,500.

• Freezes damages available for pain and suffering in other malpractice cases at $650,000 for four years; the law had called for a $15,000 annual increase in the cap.

• Limits past medical expenses allowed in suits to the amount actually paid by or on behalf of the plaintiff.

• Allows a court to call a neutral witness to testify about future medical expenses and loss of earnings.

• Tightens qualifications for expert medical witnesses in malpractice cases.

• Requires mediation unless both parties in a case agree to proceed without it.

• Reduces the standard of proof in physician discipline proceedings from "clear and convincing" to "preponderance of the evidence."

• Requires the Maryland Insurance Administration to publish a comparison guide to malpractice insurance.

• Allows for swifter cancellation of malpractice policies by insurers.

• Creates a people's insurance counsel to advocate for consumers against insurance companies.