Archives: March 2017

March 2017 Newsletter

  New Congress makes early efforts in support of medical liability reform Just over a month after a new Congress and President were in position, medical liability reform appeared at the top of their agenda as two comprehensive bills were introduced. In late February, the House Judiciary Committee approved the Protecting Access to Care Act, a comprehensive medical liability reform bill introduced by Representative Steve King (R-IA). The Protecting Access to Care Act, H.R. 1215, is modeled after proven reforms already in place in Texas, California, and many other states around the country that have had a positive effect on increasing patient access to care and keeping health care costs affordable for patients and physicians. More recently introduced is the ACCESS (Accessible Care by Curbing Excessive lawSuitS) Act, H.R. 1704, which adds to the gaining momentum for liability reform in the House. President Trump has also expressed his support for medical liability reforms in his address to a Joint Session of Congress. “…We should implement legal reforms that protect patients and doctors from unnecessary costs that drive up the price of insurance,” President Trump stated. “The HCLA is pleased that the House of Representatives and President Trump recognize the need…

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Iowa Senate Advances Bill To Discourage Med Mal Suits

The Iowa Senate on Monday approved a tort reform bill that would cap noneconomic damages in medical malpractice cases at $250,000 and require injured patients to obtain a “certificate of merit” from a medical expert before filing suit. S.F. 465 passed the Iowa Legislature’s upper house in a 28-21 vote that was split along party lines, with 28 Republicans voting to approve the proposed legislation and 20 Democrats and one independent senator voting no. If approved, the bill would impose a $250,000 cap on noneconomic damages such as pain and suffering, similar to a federal bill recently floated by Republicans in Congress. In addition, the bill would require medical malpractice plaintiffs to file a certificate of merit — essentially an expert opinion vouching for the validity of the claims — which is designed to weed out and discourage frivolous lawsuits. The bill would also make certain statements made by doctors to patients regarding adverse medical incidents inadmissible in court, and would tighten the requirements as to who can qualify as an expert medical witness. During floor debate on Monday, a Republican proponent of the bill, state Sen. Charles Schneider of West Des Moines, said that the proposed legislation would help…

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Bill to change medical professional liabilities law passes state Senate

A bill that would change current state medical professional liabilities law has passed the state Senate. Senate Bill 338 would requires lawsuits against long-term care providers to be brought in the county in which the facility is located. Senate Judiciary Chairman Charles Trump, R-Morgan, is the sponsor of the bill. It has been sent to the House of Delegates Judiciary Committee. “Currently, most of the cases are brought in Kanawha County because corporate headquarters are in Charleston or because a company has a facility in Kanawha County,” said Patrick Kelly, CEO of the West Virginia Health Care Association. “If the bill passes, the people who know the facility best, local citizens, will hear the cases. “What’s happening now is that some of the facilities have a corporate office in Charleston, so if you have a case in the Northern or Eastern Panhandle, those folks have to leave their facility to come to Kanawha County. You can’t take an administrator or nurses out of the building for a long period of time.” The bill also would define occurrence as “any and all injuries to a patient arising from health care rendered by a healthcare facility or a healthcare provider and includes…

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