Med Mal News

In testimony before Connecticut's Legislative Program Review Committee on September 18, the state's insurance commissioner, Susan Cogswell, urged lawmakers to set a $250,000 cap on pain and suffering awards as a remedy for the state's medical malpractice insurance crisis. Also taking part in the 5-hour hearing were advocates for the medical profession, insurance industry, victims of medical malpractice and attorneys. The state's largest medical malpractice insurer, Connecticut Medical Insurance Co., was represented by its CEO, Denise Funk, who testified that a $250,000 cap on non-economic damages would allow the company to immediately lower premiums by 10%.

Victims' advocate George Meder, whose child died during outpatient surgery for an ear condition 3 years ago, pointed out to the legislators, however, that Connecticut ranks 40th among states in disciplining its doctors for substandard performance. He maintained that it was more important to the cause of reducing medical malpractice insurance premiums for doctors who are repeat offenders to be prevented from practicing. Defense attorney Roland F. Young III suggested to the legislators that defense counsel should be informed at the outset of a case as to which doctor had certified the matter as worthy of suit, so that legitimacy of grounds for the action could be evaluated earlier.