Nevada enacts bold tort reforms

The legislation -- which Nevada Gov. Kenny Guinn signed into law Aug. 7 -- calls for many of the reforms that the American Medical Association has said are needed to help change states' medical liability climates. It places a $350,000 cap on noneconomic damages in medical malpractice cases, creates a shorter statute of limitations and establishes a standard that holds physicians liable only for the damages for which they are responsible.

The law also puts a $50,000 limit on damages for hospitals and physicians who treat trauma patients, creates a medical error reporting system, requires more training for judges handling medical malpractice cases and holds lawyers responsible for costs of frivolous lawsuits.

"We have addressed the issues that brought the crisis," said Lawrence P. Matheis, the Nevada State Medical Assn. executive director. "It takes away the unpredictability of awards."

Nevada is one of 12 states the AMA has identified as being in the middle of a medical liability insurance crisis. Another 30 states and the District of Columbia are seeing signs of trouble, the AMA says.

This does not solve the problem. They have a bandaid placed. The plaintiff's lawyer mindset that one can only expect good outcomes from medical care encourages plaintiffs to sue regardless of merit. Physicians make mistakes - sometimes egregious mistakes. If so, then we need a system to help the patient. But we need a jury of our peers, not the plaintiff's peers. We need a jury that can truly understand the evidence.