Bill would set cap for medical malpractice lawsuits

By William B. Martin Jr.
Pacific Daily News
October 17, 2008

An at least four-year-old battle to get a wider availability of local doctors on Guam was revisited yesterday.

Members of the medical community have said one of the reasons the island can't get more practicing physicians is the lack of medical malpractice insurance in Guam.

They have said this leaves doctors vulnerable to excessive malpractice awards.

According to Dr. William Freeman of the Women's Clinic in Tamuning, the problem will continue because he feels such insurance will never exist on Guam.

"Even in the states, the large companies are getting out of the malpractice insurance business, it's way too risky," he said.

Freeman said the regular rotation of Naval Hospital doctors often are asked if they might like to practice locally, but most quickly dismiss the idea.

"That's why people wait hours just to see a doctor at the (Guam Memorial Hospital) emergency room," he said. "The staff just can't get to them quickly."

Bill discussed

A bill, still in the draft phase and in the works for a number of years, aims to both set lawsuit caps and allow medical malpractice suits to go into arbitration before a jury trial. It was discussed at the Legislature yesterday morning.

The bill also would act as a "trade off" in that physicians who agree to have at least 2 percent of their patients in the Medically Indigent Program or Medicaid will receive government financial support from the Government Claims Fund should a lawsuit occur.

The two lawmakers in attendance for the round table, Sens. Benjamin Cruz and Frank Blas Jr. -- both of whom are running for re-election -- said they would work to introduce the legislation before lawmakers adjourn for the year.