AMA calls on Congressional committee to add medical liability reform to legislative package

The American Medical Association recently appealed to the Joint Congressional Committee on Deficit Reduction to reform a medical liability system they termed “broken” in a release.

“Reforming the costly and inefficient medical liability system with proven solutions will save taxpayers money,” American Medical Association (AMA) president Peter W. Carmel, MD, stated in the release. “Comprehensive reforms that include a reasonable limit on non-economic damages would reduce the federal budget deficit by $62.4 billion over 10 years, according to the Congressional Budget Office.”

A total of 98 state and specialty medical societies, including the American Academy of Orthopaedic Surgeons, the American College of Surgeons, the American Orthopaedic Foot and Ankle Society and the North American Spine Society, joined the AMA by co-signing letters delivered to the deficit committee asking members to include “meaningful liability reforms” in their final legislative package.

The AMA urged the deficit committee in these letters to adopt a package of liability reforms along with language that allows individual states to maintain or enact their own effective reforms.

“The inefficiencies of our current medical liability system, escalating and unpredictable awards, and the high cost of defending against lawsuits, including those without merit, contribute to the increase in medical liability insurance premiums and add billions of dollars to the cost of health care each year,” one letter stated.

The suggested reforms include:

A $250,000 cap on non-economic damages;
Language from the Provider Shield Act of 2011 (H.R. 816) that would prohibit new causes of action against physicians and other health care providers based on standards or guidelines specified in the Affordable Care Act;
Liability protections for physicians and other health care providers who provide emergency care or volunteer to treat victims of a disaster by requiring clear and convincing burden of proof; and
Reforms to require an individual who serves as an expert witness in a liability case to meet standards of expertise and knowledge.

Reference:

www.ama-assn.org

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