SALT LAKE CITY — A bill poised to significantly change the way medical malpractice cases are handled in the state is moving forward on Utah's Capitol Hill.
House Bill 503 would cap the total damages someone can receive for their injuries at $1 million, among several other provisions which include changing the pre-litigation process for these claims.
A trip to the hospital always stems from a concerning situation, with the hope being that recovery is just around the corner.
“Oakley was being treated for an infection,” said Melissa Hansen. “The 7-year-old that he was — he was very bright, went to a regular elementary school”
But Hansen says she lost the boy she knew, her son Oakley, to one avoidable medical mistake after another.
“While our child was in the hospital, Oakley suffered two cardiac arrests, widespread organ damage and several strokes,” Hansen said.
Now 30 years old, Oakley is left quadriplegic and on life support.
“Oakley is dependent on us for every basic need,” said Hansen.
So his mother spoke out against House Bill 503. She says $1 million in total damages is simply insufficient. While she can’t discuss her own settlement, she noted that even now, 23 years later, his cost of care is still about $1 million annually.
Oakley’s story was just one of several shared in the House Business, Labor and Commerce Committee on Tuesday, with the underlying notion being that those who have been most catastrophically injured would not be covered properly under this bill.
“This bill is to protect the rich, not the victim like me,” said one man who testified about his debilitating injuries caused by medical malpractice.
Rep. Katy Hall is the bill’s sponsor and says it’s not meant to be against those who have legitimate claims, but rather it’s to keep good physicians in Utah.
“The rise in lawsuits adds another layer of stress and strain on our providers, pushing many to the breaking point and driving them away from the profession entirely,” said Rep. Hall, R-South Ogden.
Several health associations spoke in support of her effort.
“We do have a challenge in keeping doctors in the practice in this state,” said David Gessel, who serves as the executive vice president of the Utah Hospital Association.
But other doctors pointed out problems they saw with it.
“This shifts the financial responsibilities to the public through Medicare and Medicaid,” said Dr. Ryan Coil.
Even though it passed out of committee, several lawmakers who voted in its favor noted changes were needed before it heads to the House floor. Its sponsor also acknowledged the bill could cause problems for those like Oakley.
“On the [severe] cases you’ve heard, I can see the issues,” Rep. Hall said.
HB 503 passed by a 10-4 margin and it now moves to the full House for consideration with less than two weeks remaining in the session.
