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Wednesday, October 12, 2005 - Page updated at 12:00 AM

Election 2005

I-330, I-336 foes growing

Seattle Times Olympia bureau

OLYMPIA — As doctors and trial lawyers spend millions slugging it out over two medical-malpractice ballot initiatives, a growing number of organizations and political leaders are urging voters to reject both measures.

The Washington State Nurses Association and several other nurse organizations are planning a news conference next week in Seattle, where they will denounce Initiative 330 and Initiative 336.

"We think having the voters turn down both initiatives will send a clear message to both sides that they need to come to the table and find a real solution," said Anne Tan Piazza, spokeswoman for the nurses association.

Other groups are taking the same stand, including AARP Washington and the Washington Senior Citizens' Lobby. Gov. Christine Gregoire and state Insurance Commissioner Mike Kreidler, both Democrats, also oppose both measures.

The initiatives were launched earlier this year after the doctors and lawyers — perennial combatants over medical malpractice — once again were unable to strike a compromise in the Legislature.

Doctors and others in the medical and insurance industries sponsored I-330, which would sharply limit what plaintiffs and their lawyers could win through medical-malpractice claims. Supporters contend "jackpot" jury verdicts are driving up health-care costs and driving doctors out of business.

The trial lawyers, who argue that the doctors are seeking to trample the rights of injured patients, responded with I-336. Instead of limiting malpractice awards, it calls for insurance changes and tougher penalties against negligent doctors.

Malpractice initiatives


I-330 — Supported by doctors, it caps at $350,000 the amount an injured patient can claim in noneconomic — also known as pain and suffering — damages. It also limits fees for plaintiff attorneys, shortens the time limit for filing malpractice claims and allows health-care providers to require binding arbitration for damage claims.

I-336 — Supported by trial lawyers, it revokes medical licenses of doctors who have three malpractice jury verdicts against them in a 10-year period and makes it easier for patients to learn about medical errors. It also creates a state-run supplemental malpractice-insurance fund and requires public hearings on malpractice-insurance-rate increases.

Kreidler said both initiatives are flawed because they offer one-sided solutions. He said the doctors and trial lawyers need to find middle ground on a fix that does something about rising malpractice costs and addresses patient safety.

"This is an issue that's really ripe for a complete solution, not a special-interest solution," said Kreidler, a former legislator and former optometrist.

The medical-malpractice battle pits two of the state's wealthiest professions against each other. As of Friday, doctors, lawyers and their allies had raised nearly $11 million for their initiative campaigns. Both sides aim to spread their message with a slew of TV ads.

Piazza said the nurses association does not have money to mount a big vote-no-on-both campaign. But she said the group, which represents more than 13,000 nurses statewide, will do everything it can to spread that message.

The same is true for AARP Washington, which has more than 830,000 members. The group is preparing to send 75,000 mailers urging its most-active voters to oppose both initiatives and send the issue back to the Legislature.

Tom Curry, executive director of the Washington State Medical Association, said sending the issue back to the Legislature is a "wholly impractical solution." With Democrats controlling the House and Senate, he said, there's almost no chance of passing something that will satisfy the doctors.

But if they reject both initiatives, voters will send a strong message to lawmakers that it's time for a compromise, said Lauren Moughon, lobbyist for AARP Washington.

"Ultimately, this compromise might be something that neither of these campaigns are looking for," Moughon said. "And that might be the mark of success."

Ralph Thomas: 360-943-9882 or rthomas@seattletimes.com

Copyright © 2005 The Seattle Times Company


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