The national trial lawyer’s lobby was once again successful in fending off medical malpractice reforms that would have restricted the rights of Americans everywhere. (Too bad Nevada’s trial lawyer lobby wasn’t as successful in 2004).
Here’s an update:
This evening, the Senate voted down two Motions to Proceed to the consideration of medical malpractice bills. Thanks to an aggressive lobbying, communications and grassroots campaign by ATLA and its members, proponents were not able to muster the votes necessary to proceed to either a broad medical malpractice bill or an OB/GYN malpractice bill. Senate rules required proponents to receive 60 affirmative votes to move forward.
On the broad medical malpractice bill (S. 22), the Motion failed with only 48 of the 60 votes needed for passage. Forty-two Senators opposed the Motion, including 39 Democratic Senators and Republican Senators Crapo, Graham and Shelby. Five Democrats, one Independent and seven Republicans were not present.
On the OB/GYN bill (S. 23), the Motion failed with only 49 of the 60 votes needed. Voting with us were 41 Democratic Senators and Republican Senators Crapo, Graham and Shelby. Three Democrats, one Independent and six Republicans were not present.
No Democrats present and voting supported either Motion. All Republicans present, except Senators Crapo, Graham and Shelby, supported both Motions.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.