Lawmakers may gut malpractice laws, despite overwhelming opposition

 Access to health care in Connecticut was dealt a blow on Friday, April 5th when the legislature’s Public Health Committee opted not to take up HB6393, a bill that would have encouraged specialists to return to on-call service in hospital emergency departments.  

But, there is still time to defeat another bill, HB6687, being pushed by the trial lawyers that would turn back important malpractice reforms passed in 2005. Those reforms established a “certificate of merit” for malpractice lawsuits, that by every measure except the lawyers’ – whose business has been impacted -- have reduced nuisance lawsuits while protecting legitimate claims.  

It is worth noting that among the 77 individuals and organizations that submitted testimony to the Judiciary Committee on HB6687, only a handful support the bill, while the vast majority of doctors, hospitals, insurers and some lawyers who addressed the committee or filed testimony strongly urged its rejection.  

The most common theme of the testimony – that by changing the certificate of merit, this legislation would significantly weaken the 2005 malpractice reforms and contribute to malpractice insurance premium increases.  

Amazingly, despite near universal opposition in public testimony, word is the Judiciary Committee is expected to vote to support the bill.  

Connecticut already faces problems with a shortage of physicians, and difficulties with access to care. Some two-thirds of the state’s doctors are over the age of 55. We simply are not keeping the great young physicians that our medical schools train.  

I think we have to wonder who the members of the legislature’s Judiciary Committee represent – trial lawyers and their businesses, or patients across the state who need and deserve access to quality health care.