Florida trial lawyers won an important battle in the war over tort reform Tuesday when a bill aimed at capping pain and suffering awards in nursing home negligence cases failed to pass a state Senate committee. The bill's sponsor, Senator Lisa Carlton, told officials she had failed to acquire the six votes needed among members of the Senate Health, Aging and Long-Term Care committee. Carlton subsequently asked the board to not consider the bill this year.

Besides capping pain and suffering damages at $250,000 for cases in which defendants agreed to arbitrate and at $350,000 for lawsuits not involving arbitration, the bill would have imposed standards that would have made it more difficult for Florida attorneys to win claims against the nursing home industry. Senate President Jim King attributed the bill's defeat to successful petitioning by the AARP and the Senate's dislike of malpractice award ceilings.

Tort reform bills continue to be brought before state congresses as physicians and trial lawyers battle over rising insurance premiums. The U.S. House of Representatives is currently planning a vote on legislation aimed at capping medical malpractice awards nationwide.