House says no to bill limiting ER lawsuits

Efforts to give hospitals and doctors more protection from some malpractice claims were dealt a serious setback Monday as the House refused to adopt the plan.

Proponents promised to resurrect it later this week.

The measure, SB1032, would make it more difficult for those injured in hospital emergency rooms to sue for damages.

Under current law, a ER patient who alleges an injury needs to prove only that it was more likely than not that the doctor committed malpractice. This measure would bar recovery unless the patient could prove with “clear and convincing evidence’’ their care fell short of the professional standards expected in that situation.

Rep. Bob Stump, R-Peoria, said the higher hurdle for emergency room cases is merited. “They haven’t seen the patient before,’’ he said.

“They don’t have access to the patient’s records,’’ Stump continued. “The patient may not even be able to communicate with them.’’

Foes have argued there is no evidence the change would reduce malpractice insurance premiums.

Sen. Carolyn Allen, R-Scottsdale, sponsor of the measure, said she believes the additional necessary votes can be found. But it remains unclear whether Gov. Janet Napolitano, who vetoed identical legislation last year, has changed her mind.