Nevada Reviews Bill to Remove Cap on Medical Malpractice Lawsuits

Dozens of people who contracted hepatitis C after an outbreak in two now-closed Las Vegas clinics waited in anticipation as the Assembly Judiciary Committed debated AB495, a new bill that would permit people to seek bigger settlements for gross medical negligence.

More than 50,000 people were notified last year that they may have been infected with the bloodborne disease from reused syringes and vials.

Under current state laws, victims of medical malpractice can only seek up to $350,000 in damages. AB495 would remove that limit in cases of "gross negligence."  The bill would also extend the amount of time a victim has to file his or her claim.

Opponents of the bill argue that the bill will drive up liability insurance, pushing Nevada doctors out of town because they couldn't afford to stay in business, which would consequently affect the quality of healthcare in Nevada.

But supporters of the bill state that doctors need to be held accountable when their actions result in a condition that drastically affects the quality of a patient's life.

"This bill in essence lets a jury decide the damages a patient can receive against a doctor, and not the doctors," said Attorney Marni Rubin, who received countless calls after the outbreak.

Bill Bradley, a representative for trial lawyers, agrees with Rubin. "These healthcare providers, under anybody's standards, were grossly negligent, and they absolutely put profit ahead of patient safety," he said.

In addition, patients affected by the outbreak say the bill protects bad doctors, not the people who have to live with the disease for the rest of their lives.

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