Doctors, Lawyers Set to Battle Over Shielding Lawsuits

By Tim Carpenter

By Tim Carpenter

THE CAPITAL-JOURNAL

Resolution of a political showdown between lab-coated physicians and pinstriped attorneys is expected today as the clock winds down on the 2007 legislative session.

Two powerful special-interest groups – the Kansas Medical Society and the Kansas Trial Lawyers Association – are waging intense campaigns in the Statehouse over a bill shielding physicians and other health workers from lawsuits under the Kansas Consumer Protection Act.

Sen. John Vratil, R-Leawood, said House and Senate negotiators reached a deal to write the exemptions into Kansas law. The arrangement must be approved by the House and Senate.

“I believe we have agreement,” he said.

The issue emerged in February when the Kansas Supreme Court ruled a doctor could be held liable for deceptive acts under the consumer protection act. It was a significant ruling, because lawsuits over physician conduct had been heard under medical malpractice laws.

The physician lobby seeks to contain litigation to malpractice claims, while the attorney lobby wants to maintain the option of filing consumer protection lawsuits.

If approved, Gov. Kathleen Sebelius would have the option of vetoing the legislation.

“I’m very much opposed to the bill,” countered Senate Minority Leader Anthony Hensley, D-Topeka. “If it passes, I’ll urge the governor to veto the measure.”

Kansas Attorney General Paul Morrison and Nola Foulston, the Sedgwick County district attorney, question the need for a special exemption from deceptive and unconscionable acts by physicians resulting in betrayal of consumers.

“If this Senate bill is passed, it will suggest to the public that consumer protection in our state is on a downhill slide,” Foulston said Monday. “Who gets the next exemption?”

However, two physicians in the Legislature said the Supreme Court ruling needs to be trumped by statute.

“We’re just trying to get back to where we were,” said Rep. Jeff Coyler, an Overland Park Republican.

Sen. Jim Barnett, R-Emporia, said the court’s ruling, if allowed to stand, would drive up health care costs in the same way as malpractice litigation has in the past.

“It already has one layer,” Barnett said. “We don’t need another.”

Tim Carpenter can be reached

at (785) 296-3005 or timothy.carpenter

@cjonline.com.

(c) 2007 Topeka Capital Journal. Provided by ProQuest Information and Learning. All rights Reserved.