Latest news with #HB503
Yahoo
22-04-2025
- Health
- Yahoo
Opinion: Thank you, Rep. Hall and Sen. Sandall, for protecting Utah's health care workers
Healthcare costs are too high and getting worse — that much we all know. What fewer people see is why. As an attorney who defends healthcare providers, I've witnessed firsthand how our legal system, when distorted, can drive good doctors out of practice, complicate the resolution of legitimate claims and quietly make healthcare more expensive for everyone. That's why I was heartened to see Representative Katy Hall and Senator Scott Sandall champion HB503 — a bold, fair-minded reform aimed at one of the most unjust quirks of our courts: the use of 'phantom damages.' Phantom damages are inflated medical costs presented to juries in court — even though no one ever paid them, nor was expected to. Here's how it works: A plaintiff introduces a hospital bill showing the full 'sticker price' for medical care — often wildly inflated and far above what insurers or patients actually pay. But the defense? We're barred from explaining that the real cost — the amount actually accepted by the provider — was just a fraction of that sticker price. So the jury, kept in the dark, may base their verdict on a fiction. The result? A system that rewards inflated claims, punishes transparency and drives up the cost of care for everyone — not just the defendant in a particular case. HB503 helps restore fairness and common sense. It ensures that damages reflect real costs — not contrived figures that serve no one but those looking to inflate verdicts. When our courts traffic in phantom numbers, they don't just hurt doctors and hospitals. They harm patients. They strain insurance systems. They chip away at access to care in communities that need it most. That's why the Utah Medical Association, Copic and physicians across the state rallied behind this legislation. They know what's at stake. On behalf of the dedicated professionals I work with every day — and the Utah families who depend on them — I thank Rep. Hall and Sen. Sandall for their courage. They stood up and delivered a win for healthcare access, legal integrity and economic sanity. If we're serious about controlling healthcare costs and protecting access to care, we need more legislation like HB503.
Yahoo
07-03-2025
- Health
- Yahoo
Medical malpractice bill clears Utah Legislature with changes, but opponent says it still limits protections for victims
The Utah Legislature passed a bill that would help set protections for physicians in medical malpractice lawsuits while still seeking to cover the needs of victims. After multiple changes were made to HB503, it passed through the final vote in the House on Thursday by a vote of 47-27. The bill, sponsored by Rep. Katy Hall, R-South Ogden, will now go to the governor's desk for his signature. The original bill capped damages that could be awarded in medical malpractice cases that didn't result in death. This provision proved controversial and was eventually taken out. 'I think what we've come up with is really good, because we've protected those who are legitimately harmed by malpractice. We want them to be taken care of,' Hall said. Despite the changes, there are still people who believe this bill will limit the amount of money victims can receive. Hall started working on this bill after she was approached by a constituent who works in a clinic in Davis County who had concerns about frivolous malpractice lawsuits. 'He's worried about losing physicians because of the cost of medical malpractice, and not only the costs in money, but also the costs in just what it costs to the people who are being sued,' Hall said. Hall said they worked through this bill to make sure that they were protecting the victims as well as the doctors in medical malpractice cases. 'So if they have a catastrophic, heaven forbid, a catastrophic event that is life altering, they can still sue the malpractice insurance for hospitals or physicians wherever, whoever was involved to get what they need, so that still is protected,' Hall said. Hall, whose husband is a physician, shared that because of the high cost of liability insurance, the state is losing doctors, especially in small town areas where the number of physicians is more limited. Because of this she wanted to set protections for these doctors so that they could stay in their jobs. 'I'm a nurse, and I understand both sides, I mean, we need our physicians to stay in practice, right?' Hall said. 'Because even if someone gets hurt, someone still has to help them along the way too, other physicians. And I believe that most of our physicians are really, really good at their jobs.' HB503 would require plaintiffs to pay the defendant's attorney fees if the court finds that their claim doesn't have merit, in an effort to decrease frivolous lawsuits. Hall shared that sometimes when a lawsuit is brought up, defense lawyers will say that they're going to go after the doctor's home and other assets so doctors get scared and decide to settle. The bill would prevent this from happening by no longer allowing lawyers to go after the physician's assets. It would create a framework for determining economic damages based on payments made for medical expenses. The bill would require the Division of Professional Licensing to put together yearly reports to summarize malpractice claims and outcomes around Utah. Under HB503, physicians would be required to hold an insurance policy of at least $1 million. The bill originally had a $1 million cap for malpractice cases that did not result in death, but that portion of the bill was removed after victims testified about the high cost of medical care that can be incurred by those who live after a botched medical procedure. Eric Nielson, a medical malpractice lawyer who has been practicing in Utah for 40 years, is opposed to the bill and the idea of capping how much money people can receive in damages after being injured during a medical procedure. 'Because it's blatantly unconstitutional and it's anti-American,' he said. Though the bill sponsor removed the specific language about a cap, Nielson said the bill would still limit how much plaintiffs can receive in their cases. 'They just don't want to call it a cap. It has the net effect of creating a cap. And just think about how unfair this is,' Nielson said. Nielson sees a cap resulting from those suing not being able to go after a doctor's assets and because of the required $1 million insurance policies. Nielson said he believes the bill is meant to benefit insurance companies. But Hall denied those claims, saying, 'I run bills for constituents. I don't run bills for lobbyists or for big groups like that.'
Yahoo
22-02-2025
- Health
- Yahoo
Opinion: The dangerous consequences of HB503 — why Utah cannot afford to cap medical malpractice damages
As the president of the Utah Association for Justice, I represent 475 dedicated members who advocate for individuals harmed by negligence. Today, I write with deep concern about HB503, a misguided proposal that would impose severe limits on the rights of Utahns who suffer due to medical malpractice. HB503 seeks to cap all damages in medical malpractice claims at $1,000,000. While I believe the bill's proponents are well-intentioned, this arbitrary cap would have devastating consequences for victims and their families. To put it bluntly, a one-size-fits-all cap fails to account for the true costs of catastrophic injuries. If the thought of this cap conjures images of Dr. Evil sneering, 'One million dollars,' you are not alone. And, just like in the Austin Powers movies, that amount in today's world is insufficient. For many victims, $1,000,000 is simply not enough to cover past and future medical expenses — let alone the long-term suffering and financial instability that result from severe injuries. Utah has not historically imposed limits on damages related to past and future medical expenses in malpractice cases. This recognition of fairness and justice has ensured that those harmed by medical malpractice can afford the care they need to recover and obtain continued medical care, if necessary. Consider this: Utah currently imposes a cap of $450,000 on non-economic damages (pain and suffering) in medical malpractice cases — a figure set in 2010. For perspective, a dozen eggs cost around $1.66 at that time. Today, the average price is $4.15 — more than 150% higher. If we applied a similar adjustment to the 2010 cap, victims would now be entitled to $1,125,000 for pain and suffering alone, in addition to their past and future medical expenses. Yet HB503 would impose an arbitrary $1,000,000 limit for everything, disregarding inflation and the true financial needs of victims. Fundamentally, our legal system is built on personal responsibility, fairness and accountability. One of the bedrock principles of our republic is that those who are harmed by the actions of others are entitled to recompense and the opportunity to be made whole. Utahns pride themselves on personal responsibility, self-autonomy and community accountability. But HB503 exempts a specific class — medical professionals — from that basic principle. Like lawyers and clergy, doctors hold a position of immense trust and responsibility in society. If their actions result in harm, they must be held accountable like all others. No profession should receive special immunity from the consequences of its actions. The real-world impact of HB503 would be tragic. Imagine a child left paralyzed due to a surgical error or a young mother requiring lifelong medical care after a botched procedure. HB503 shields medical professionals from full responsibility, regardless of the severity of harm they cause. No matter how devastating the consequences — whether a lifetime of disability, catastrophic financial ruin or the wrongful death of a loved one — the cap would remain the same. Such a policy is not only unjust, but also contrary to the principles of personal responsibility, fairness and accountability that Utahns hold dear. When we strip individuals of their ability to seek full and fair compensation for life-altering injuries, we erode the very foundation of our society. We diminish personal responsibility, weaken community trust and compromise the well-being of those who suffer the most. This is not justice. I urge every Utahn to review the proposed legislation. Then, ask yourself: If you or a loved one were injured due to medical negligence, would one million dollars truly be enough to cover your pain, suffering and lifelong medical expenses? Is your life, health and ability to provide for your family worth more than that arbitrary figure? Should the law prioritize the financial interests of insurance companies over the well-being of injured patients? HB503 does not serve justice, and it does not serve Utahns. We must reject this harmful legislation and stand for accountability, fairness and the rights of those who need justice the most.
