Medical care in our state is in desperate trouble. The remedies that have been enacted so far will help in the long run. But they have not yet increased the number of insurance companies that are selling medical malpractice insurance in Pennsylvania, nor have they caused those few who do to lower their prices. I'd like to share with you my common-sense proposal on capping non-economic damages.
I was hoping the Governor's Task Force would deal with the issues of caps. It did not.
Therefore, I am introducing a constitutional amendment that would allow for caps in medical malpractice cases only. As you may or may not know, SB 50, the current legislation that is being promoted in Harrisburg, provides for caps on a broad range of liabilities, including product liability.
I am not convinced that this wide-reaching reform effort has enough legislative support to pass, hence my legislation. Creating caps for only medical malpractice cases will generate broader legislative support.
Please know, however, that caps are still not a short-term solution to the crisis.
There are two ways to amend the Constitution. Both require that the amendment be passed by the legislature, signed by the Governor, and then put on the ballot for citizen approval in the next statewide election. The normal procedure requires that the amendment be passed in two consecutive sessions. Since each legislative session takes two years, it is possible that it will take five years for the Constitution to be amended.
The second way to amend the Constitution is for the Governor to call an emergency session. In an emergency session, the Legislature needs to pass the legislation only one time, after which the question can go directly to the voters at the next election. However, there have only been two times in the history of Pennsylvania that emergency sessions have been called, both times to allow for appropriation of emergency funding for natural disasters.
I have taken part in many dialogues on this subject and I truly believe my proposal is the responsible, common-sense answer to this dilemma.
Sincerely,
Constance H. Williams
State Senator
17th District