By BILL LUCKETT
Star-Tribune capital bureau Wednesday, November 03, 2004
CHEYENNE -- The outlook was not good at press time Tuesday for two proposed constitutional amendments aimed at controlling medical malpractice insurance costs for doctors and hospitals.
Meanwhile, two other constitutional questions had clear majority support of people voting on the issues in early returns, but one of them faced the danger of not receiving majority support of everyone who voted in the election.
Last on the ballot but first in the public debate was Amendment D, which would allow the Legislature to set limits, or caps, on noneconomic damages plaintiffs could recover from health care providers in malpractice cases.
That amendment appeared doomed at press time. With 52 percent of precincts reporting, it had only gotten support of 47 percent of the people who voted on the question, with 55,501 votes. Another 62,292 people voted against it, or 53 percent of those who voted on that issue.
The totals did not include people who cast ballots Tuesday but refused to vote either yes or no on that amendment. Those nonvotes will be counted as no votes.
Another tort reform proposal, Amendment C, which would allow lawmakers to set up a review before a person files a medical malpractice lawsuit, was also struggling.
With 52 percent of precincts reporting, that amendment actually had more people vote for it than against it -- 59,793 votes to 58,285 -- but with just 51 percent support, the amendment would almost certainly be failing after the nonvotes were added in.
Shauna Roberts, spokesman for Citizens for Real Insurance Reform, a group that opposes both amendments, was encouraged by the early returns.
"This is very encouraging," she said, adding that her group felt good about its prospects of defeating the caps amendment and knew the battle would be tight on the review panel question.
"If these amendments don't pass, I would encourage the people of the state to move on and push for real insurance reform," Roberts said.
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