Doctors hopeful for tort reform

The ouster of two trial lawyers serving on the D.C. Council bodes well for passing new laws that would cap awards on medical-malpractice lawsuits, city doctors say.

D.C. physicians have lobbied for tort-reform proposals in a bill that Mayor Anthony A. Williams sent to the D.C. Council in June. The council has yet to schedule a hearing on the bill.

“The politics of it get a bit complicated,” said K. Edward Shanbacker, executive director of the D.C. Medical Society, a lobbying group for physicians in the city. “So many of the council members are trial attorneys.”

The council has strong ties to the legal industry.

Seven of the council’s 13 current members have worked as lawyers: Jim Graham, Ward 1 Democrat; Jack Evans, Ward 2 Democrat; Adrian M. Fenty, Ward 4 Democrat; Vincent B. Orange Sr., Ward 5 Democrat; Kevin P. Chavous, Ward 7 Democrat; Harold P. Brazil, at-large Democrat; and David A. Catania, at-large independent.

It is not clear whether all seven oppose Mr. Williams’ tort-reform proposals, but Mr. Shanbacker said the ouster of Mr. Chavous and Mr. Brazil, a personal-injury lawyer, could improve the chances of enacting tort reform when the new council convenes in January. Both were defeated by challengers in primaries last month.

“We hope the new council will be more supportive in having a dialogue,” Mr. Shanbacker said.

Expected to replace Mr. Chavous in Ward 7 is Vincent Gray, former head of the D.C. Department of Human Services and current director of Covenant House Washington. Mr. Brazil is expected to be replaced by political newcomer Kwame Brown.

Physicians say they may have an ally in Mr. Gray and are unsure about Mr. Brown’s position. They say they are encouraged by the expected return to office of former Mayor Marion Barry, who beat council member Sandy Allen in the Ward 8 Democratic primary last month.

Mr. Shanbacker said Mr. Barry had a favorable view on tort-reform proposals during his years as mayor.

In pushing for tort reform, the D.C. Medical Society has referred to figures compiled by NCRIC Inc., which insures most of the city’s physicians.

According to the company, D.C. doctors frequently pay higher premiums than physicians in the Maryland suburbs. For example, obstetric and gynecological specialists in Maryland pay $115,030 per year, while their counterparts in the District pay $134,030. The figures did not include a 33 percent rate increase in Maryland that takes effect in December.

Mr. Williams yesterday called malpractice reform “a very important issue” and expressed confidence that the council will hold hearings on his bill. He seemed less sure of the bill’s chances for passage.

“It’s going to be an uphill battle,” Mr. Williams said at his weekly press briefing.

The mayor’s Health Care Liability Reform Act of 2004 would place a $250,000 cap on non-economic jury awards, including pain and suffering damages. The bill also would provide legal immunity to all doctors, nurses and midwives who provide free health care in the city.

Dr. Gregg Pane, acting director of the D.C. Department of Health, said high insurance premiums are forcing physicians to leave the District to practice in Maryland and Virginia.

“We’re seeing drastically fewer specialists available to take referrals,” Dr. Pane said. “We have to have providers willing and able in the District to see patients.”

However, Public Citizen, a D.C.-based advocacy group , issued a report last year questioning many of the justifications cited by D.C. tort-reform supporters.

The group disagreed with the contention that D.C. doctors pay high premiums. The study said the premiums in the city were actually much lower than those that doctors in all but a handful of states pay.

Frank Clemente, an author of the study, said yesterday that the contentions of tort-reform supporters “just don’t hold up to intense scrutiny.”

“This is just another example of the Williams administration hurting average people in the District in order to benefit a wealthy special interest — in this case, doctors demanding to have their costs reduced,” Mr. Clemente said.

Even with the departure of Mr. Brazil and Mr. Chavous, Mr. Clemente does not think that Mr. Williams’ tort-reform legislation will pass.

“I trust that the new councilors coming in are going to see this legislation for what it is, which is a benefit for a wealthy elite to the detriment of the average D.C. resident,” he said.

Jack H. Olender, former president of the Trial Lawyers Association of Metropolitan Washington, D.C., said he doesn’t believe the mayor will have enough votes to pass the bill.

“Hope springs eternal for those who think they will get that legislation to pass,” Mr. Olender said. “I think all of the Democrats on the council are opposed to this, period. It’s not broken down into lawyers and nonlawyers.”