Legislation Would Reform
Medical Liability System
May 10, 2002 - AAMC-supported legislation that would
reform the medical liability system was introduced April 25
by Reps. Jim Greenwood (R-Pa.) and Christopher Cox (R-Calif.).
The "Help Efficient, Accessible, Low Cost, Timely Health
Care Act of 2001" (HEALTH Act) (H.R.
4600) would cap non-economic damage awards at $250,000,
limit contingency fees paid to attorneys, and impose statutes
of limitations for filing lawsuits. The bill is based on a
1975 California medical malpractice reform law which, many
believe, has helped discourage system abuses and keep the
state's malpractice insurance premiums low.
The HEALTH Act also limits punitive damages, permits payment
of large awards over time, and prohibits collateral source
benefits ("double dipping"). The legislation would
reform joint and several liability to assure that individuals
are responsible for only their "fair share" of an
award (based on their proportion of responsibility).
A recent Harris
Interactive Poll has indicated that flaws within the current
medical liability system are starting to negatively affect
the availability and cost of care, as well as the quality
of the physician-patient relationship. The poll found that
nearly 1 in 3 (29 percent) of the physicians surveyed had
decided against a career in a particular specialty because
it held an increased
risk of legal action. The growing threat of medical liability
had caused 43 percent to consider leaving the medical profession
altogether. In addition, several states are experiencing unprecedented
increases in malpractice insurance premiums. Many believe
those increases were triggered by growing abuses of the liability
system.
Information:
Christiane Mitchell, Senior Legislative Affairs Manager
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526
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