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  Following a lengthy battle that stretched into the middle of the night, the Senate this week voted 30-20 in favor of Senate Bill 9, which would limit lawsuit awards for pain and suffering in medical malpractice cases.

            The bill, which would amend a section of the state’s constitution that has stood for more than a century, still needs full House approval; enactment again next session; and voter ratification before lawmakers could begin work on enabling legislation that would actually limit medical lawsuit awards.

            The vote for the amendment that restricted the legislation to medical malpractice cases was 28 to 22. A Democratic proposal that would have provided certain exceptions to the cap was defeated 29 to 21.

            Earlier in the night, a Republican amendment that would have permitted non-economic damage awards to be capped in all civil liability suits was defeated by a 27 to 23 vote. An attempted compromise that would have provided non-economic damage limitations with a cost escalator, with certain exceptions, was also defeated, by a 26 to 24 vote.

            Opponents to tort limits blasted the legislation for protecting negligent doctors at the expense of poor families and senior citizens. Supporters claimed the measure would help reduce doctor’s medical malpractice insurance rates.

            The bill now goes to the House.

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