Ian Malone was born with a severe brain injury because the obstetrician gave his mother a drug that had not been approved for inducing labor. His parents settled their legal claim for $2 million.

The injury that left Ian unable to swallow or raise his head until he died from pneumonia at age 4 is Exhibit A for opponents of a measure, already passed by the U.S. House of Representatives, that would limit medical malpractice awards for pain and suffering to $250,000.

Supporters of the limit, meanwhile, cite equally wrenching examples of physicians driven from their practices by skyrocketing insurance premiums, leaving their patients adrift.

The dueling anecdotes were the backdrop for crucial votes Monday on a pair of Senate bills that are variations on the limit passed in the House.

One measure would permit patients to recover $250,000 for each defendant and as much as $750,000 if multiple health providers were held liable; the second would impose the $250,000 limit for obstetricians only. Richard Durbin of Illinois, the second-ranking Senate Democrat, predicted that Republicans, who control the Senate 55-45, would not muster the support of 60 senators needed to approve bringing the measure to the floor for a vote.

The deadlock underscores the lack of a clear solution to compensate legitimate victims of medical mistakes while curbing rising premiums, said Kenneth Abraham, who teaches personal injury law at the University of Virginia in Charlottesville.

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Source:  International Herald Tribune