CHARLESTON, W.Va. — The House of Delegates Judiciary Committee plans to work later this week on a medical malpractice bill that has already passed the state Senate.
The committee began reviewing the bill (SB6) Monday following a public hearing. The measure would expand malpractice coverage for additional health care providers along with establishing a cap on non-economic damages when nursing homes are sued. The bill also creates protection for pharmacies.
The public hearing included testimony from state residents who recounted how their loved ones died while in nursing homes.
“I have three words to say—neglect, ignore, abuse–my husband suffered all of these,” Shirley Bowling said.
Resident Randy McClanahan whose mother died after going into a nursing home for therapy said he was at a loss for words as to why the legislature would even want to protect nursing homes.
“You people….I just don’t understand. I really don’t,” McClanahan said. “I guess you have live through this to realize what really goes on.”
But those representing medical professionals testified the Medical Professional Liability Act passed by lawmakers in 2013 has been somewhat eroded by the court system in the last 10-plus years.
“The changes made in 2003 were good. They’ve allowed us to recruit and retain medical professionals,” Dr. Art Rubin of the osteopathic doctors association said. “Times have changed and after 12 years their needs to be modifications to the act.”
Charleston attorney Mark Robinson said the bill expands the definition of health care.
“And that’s of crucial importance,” Robinson testified. “So that various health care that provided in nursing homes, by nurses, in hospitals and doctor’s offices is expanded to include many things that are indeed health care.”
But Charleston attorney Kathy Brown said there are too many cases of negligent care in nursing homes to limit non-economic damages, especially for victims who no longer work. Brown related information from a case she is currently handling.
“Who was watching this doctor? Who was watching the nurses that should have known a diabetic had to have her blood sugar levels checked? And why should we give them a break?”
The Senate passed the bill last week 31-1.