Malpractice caps appear likely
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The House overwhelmingly passed a bill capping how much victims of medical malpractice can receive for pain and suffering.

Rep. Brian King, D-Salt Lake City, who is a lawyer, argued fervently that Utah already has an assortment of provisions in place to make malpractice claims difficult and has a low rate of claims.

"There simply is no need for this bill," said King, who argued that Utah's laws would act as an "attract-a-hack" for shoddy doctors.

"Come to Utah, we're going to make sure you're less likely to be accountable for your lousy practices as a physician than just about any other state in the country," said King, who also challenged the conservative Patrick Henry Caucus for not standing up for the Seventh Amendment right to a jury trial.

But Rep. Brad Last, R-St. George, called it a compromise bill worked out with the trial lawyers association and said "attract-a-hack" works for both "hack" lawyers and doctors.

The bill would limit malpractice awards for pain and suffering at $450,000 -- down from the current $480,000 level that is adjusted for inflation -- and protect hospitals from mistakes made by a doctor.

In the end, the House passed the bill 67-6.

The Senate must still agree to a technical amendment added by the House before it goes to the governor. Herbert's office has advocated for its passage and will likely sign the bill, said his spokeswoman, Angie Welling.

House » Dem says state already has laws to restrict claims.
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