Summaries of recent developments related to medical malpractice in two states appear below.Arizona: The Arizona House on Monday rejected a bill (SB 1032) that would have made malpractice lawsuits against emergency department physicians and staff more difficult for plaintiffs to win, the Arizona Republic reports. The legislation, which the state Senate approved in January, would have required plaintiffs in such malpractice lawsuits to provide "clear and convincing evidence" that the care they received did not meet professional standards, rather than a "preponderance of evidence." According to supporters, the bill would have prevented frivolous lawsuits that have led to increased malpractice insurance premium rates and have prompted physicians to leave the state. Opponents maintain that the legislation would have violated the constitutional right of patients to file malpractice lawsuits. Gov. Janet Napolitano (D) vetoed an identical bill in 2006 (Pitzl, Arizona Republic, 5/8).

North Carolina: The North Carolina Academy of Trial Lawyers on Tuesday asked state Insurance Commissioner Jim Long to investigate whether the largest malpractice insurer in the state has illegally charged physicians "excessive" premium rates, the Charlotte Observer reports. NCATL cited an analysis conducted by former Missouri Insurance Commissioner Jay Angoff that found Medical Mutual Insurance Company of North Carolina has paid "very stable" malpractice claims in recent years "while premiums have gone way up." Medical Mutual is a physician-owned company that provides malpractice insurance for about 6,300 physicians in the state. State insurance department spokesperson Chrissy Pearson said that the department would consider the request from NCATL. Medical Mutual general counsel David Sousa dismissed the allegations by NCATL as "ludicrous" (Ranii, Charlotte Observer, 5/9).

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