CALIFORNIA: TWO BILLS WOULD ALLOW HIGHER MALPRACTICE AWARDS

      "Reopening the war over medical malpractice lawsuits, trial
 attorneys are backing two bills aimed at partially lifting caps
 on malpractice damages, prompting California physicians to mount
 a major effort to kill the measures," LOS ANGELES TIMES reports. 
 State Assemblywomen Carole Migden (D) and Sheila Kuehl (D) have
 introduced bills that would amend California's Medical Injury
 Compensation Reform Act of 1975.  The act placed a $250,000
 ceiling on pain and suffering awards for malpractice victims. 
      FINANCIAL FOOTFALL:  Midgen's proposal targets HMOs and
 health insurers by removing the awards cap if a physician "who
 caused the injury gained financially by refusing or delaying
 treatment, or by refusing to refer patients to specialists,"
 TIMES reports.  Kuehl's bill would lift the cap in "specific
 instances," such as cases involving "gross negligence" on the
 part of the doctor or abusive practices by doctors.  Midgen said,
 "These bills seek to restore the balance between too much
 medicine and too little protection."  Both bills are supported by
 the trial lawyers group Consumer Attorneys of California.
      "FRONTAL ASSAULT":  "This is Ground Zero for the California
 Medical Assn.," said Mike Mattoch, lobbyist for the association. 
 Mattoch added, "It is a very big fight.  A lot of resources are
 going to be wasted in this fight."  Dr. Brian Johnston, president
 of the Los Angeles County Medical Association, said, "Most people
 have forgotten, but 20 years ago our system was nearly brought to
 a halt by medical malpractice premiums."  He estimated that his
 malpractice insurance "would double or triple if the bills are
 signed into law."  Mattoch, in describing the bills as "a full
 frontal assault on the protection given doctors" by the 1975
 Reform Act, said, "There's a certain percentage of the trial
 lawyers' membership who feel they are not making enough money on
 these cases."  TIMES reports that Migden and Kuehl "acknowledge
 that they may not win passage of the measures this year" (Morain,
 3/20).