By Bruce Schreiner
The Associated Press

FRANKFORT - A proposed constitutional amendment that would give lawmakers the power to limit noneconomic damages in medical malpractice cases cleared a Senate committee Thursday.

Doctors pleaded for the measure as a possible remedy for skyrocketing medical malpractice insurance rates that have forced some physicians to give up high-risk specialties and others to leave the state.

"Let's reconfigure this system before it falls apart, before the delivery of health care services in the state of Kentucky falls apart," said Dr. Kim Alumbaugh, an obstetrician-gynecologist from Louisville.

Trial lawyers lined up in opposition. One attorney, Steve Downey, said the proposal could put unjustified constraints on juries in a state where there's "no evidence of runaway juries."

"Cookie cutter justice does not work," he said. "Every person has the right to have their case judged on its own merits."

The proposal, sponsored by Senate President David Williams, cleared the State and Local Government Committee by a 7-4 party-line vote. Committee Republicans were in support while Democrats opposed it.

The proposed amendment would go on the November 2004 ballot if approved by the General Assembly.

If voters gave their consent, lawmakers could impose unspecified limits on pain-and-suffering awards and punitive damages. Lawmakers also could require alternative dispute resolution before a malpractice suit could be filed.

Another option would be to change the time period in which people could file malpractice suits.

Williams, R-Burkesville, expressed confidence that "we can work out an equitable system." The proposal would not allow lawmakers to limit damages for past and future medical bills and lost wages.

The debate was filled with personal testimonies.

Doctors claimed they are being priced out of practices by high insurance rates, threatening access to health care, especially for poorer Kentuckians.

The trial attorneys brought forth former medical patients whose situations were meant to show that caps on noneconomic damages would be unjust.