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Washington State's Malpractice Miracle

Washington Governor Christine Gregoire seems to have worked a minor miracle in brokering a compromise between doctors and malpractice attorneys in her state. That's not ...

Washington Governor Christine Gregoire seems to have worked a minor miracle in brokering a compromise between doctors and malpractice attorneys in her state. That's not unlike negotiating a deal between cats and dogs, school children and Brussels sprouts or Karl Marx and Adam Smith.

Washington, like almost every state, has hosted a battle between doctors and lawyers over malpractice tort law. The doctors say lawsuits are driving up the costs of health care, while the lawyers argue that the doctors don't want to give patients fair compensation when they make mistakes.

But, after a month of private negotiations between representatives of the warring groups overseen by Gregoire, a deal was reached. 

The legislature has spent the last four years arguing about the issue without coming to an agreement, but the state Senate unanimously approved the compromise bill last week. Approval from the state House is expected soon.

In pushing the doctors and lawyers to the negotiating table, Gregoire received an assist from Washington's voters. Both groups took their preferred reforms to the voters in the form of competing ballot measures in November, but both were rejected.

Here's how the Seattle Times described the agreement:

"Under the compromise, doctors would be able to apologize for a medical mistake without it being used against them in court. Mediation would be mandatory before a lawsuit could proceed, and if it went forward, both sides could agree to binding arbitration to avoid costly litigation. Juries also would be able to hear for the first time if a patient suing a doctor already had gotten money for the claim from an insurance company. Left out of the talks, though, was doctors' earlier demand for limits on the amount of damages a jury could award in a malpractice case."

Josh Goodman is a former staff writer for GOVERNING.