JACKSON - The wrangling over reform of Mississippi's medical malpractice laws took House and Senate conferees into the early morning hours today.
Both sides agreed to a compromise shortly after 2 a.m. today, about 10 hours after negotiations resumed Sunday.
"It's been a long frustrating process," said Sen. Bennie Turner, D-West Point, the lead Senate negotiator.
Rep. Percy Watson, D-Hattiesburg, said House members had communicated to the conferees they wanted a bill to vote on when they returned to work at 2 p.m. today.
"This compromise offers them the opportunity if they want to do so," Watson said.
Watson said he had not decided whether to vote for the bill.
Conferees toiled Sunday under the watchful eyes of lobbyists from medical and legal communities.
The special session convened Sept. 5. The conferees were given about a week to meet on their own while lawmakers were sent home to await the outcome of talks.
House and Senate conferees agreed to a series of caps on pain and suffering awards, beginning at $500,000 on Jan. 1, 2003. The cap would increase to $750,000 on Jan. 1, 2011 and to $1 million on Jan. 1, 2017.
Negotiators earlier agreed that lawsuits would be filed where the injury occurred.
The conferees also compromised on the division of financial responsibility among two or more defendants in a medical malpractice suit.
More than 100 physicians were to rally Monday on the Capitol steps before lobbying lawmakers on the medical malpractice legislation. The white-coated doctors hoped their presence would sway lawmakers into passing the compromise.
The Mississippi State Medical Association said last week that the doctors would be at the Capitol, shutting down their practices except for emergencies to be at the Capitol.
Dr. Rick Conn, a bone and joint specialist from Hattiesburg, said the lobbying effort was not something doctors wanted to do but was necessary.
"If we don't help with this, things will only get worse for our patients," he said.
Some doctors are having trouble renewing policies because some insurers are leaving Mississippi and others are raising rates. An undetermined number of doctors are closing their clinic doors.
Doctors and business lobbyists accuse the House of toting water for trial lawyers who oppose caps on pain-and-suffering awards. Lawyers say the Senate is pandering to big-money business and medical groups by trying to restrict people's ability to recover damages.
"I realize that some people look at us and say we're a bunch of greedy doctors in white coats. So I think 'Why do this?"' Conn said. "But we don't have a choice. We care deeply about our community and our patients. This is more than a doctor problem or an insurance problem or a business problem."
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