As reported in the Massachusetts Lawyers Journal February 2010 edition, Jeffrey N. Catalano, Secretary of the Massachusetts Bar Association (“MBA”), testified at a hearing on January 28, 2010 before the Massachusetts Joint Committee on the Judiciary regarding pending medical malpractice and charitable cap bills. Mr. Catalano presented the MBA's position on House Bill 1332, An Act Improving Patients' Access to Timely Compensation, otherwise called the “apology bill.”
Mr. Catalano also spoke in favor of a bill which would increase the liability limit of hospitals from $20,000 to $500,000. He described a case where an infant suffered severe permanent disabilities because of an untreated infection in the hospital. The judgment against the hospital was limited to $20,000 because the hospital records were missing. “The injustice this cap does is hard to describe,” he said.