May 2017 Newsletter

  Liability reform cited as major savings in President’s budget With an emphasis on deficit reduction, the President’s 2018 budget highlighted how medical liability reform can lead to improved fiscal health. Cited as resulting in major savings and reform, medical liability reform is noted in the President’s budget as necessary due to the fact that “the current medical liability system does not work for patients or providers, nor does it provide quality, evidence-based care,” budget language states. The liability reform proposal in the budget contains proven state reforms that have lowered costs and increased access to care in states such as California, Texas, West Virginia, and Ohio. This allows for deficit reductions of $55 billion over 10 years upon passage of a bill that contains reasonable limits on non-economic damages of $250,000 (increasing with inflation), a three-year statute of limitations, and modifications on attorney’s fees to ensure deserving patients – not personal injury lawyers – benefit from liability judgments and settlements. To review the medical liability reform proposal contained within the President’s budget, click here. Panel discussion yields insights into future of liability reform Taking part in a legal panel on the future of medical liability reform, HCLA chair Mike…

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April 2017 Newsletter

  Medical liability reform – an issue of Price With Tom Price at the helm of the Department of Health and Human Services, and Congress likely to make systematic health care changes, chances for medical liability reform are stronger than ever.  So say several experts in the field. Writing in the New England Journal of Medicine, noted medical liability system scholars Michelle M. Mello, J.D., Ph.D., Allen Kachalia, M.D., J.D., and David M. Studdert, LL.B., Sc.D convey their opinions on the opportunities that lie ahead for proponents of medical liability reform with Secretary Price as an advocate. Citing medical liability in his confirmation hearings, as “a really difficult challenge,” Secretary Price has long been a champion of reforms that reduce medical lawsuit abuse. Acknowledging that “the liability system has well-documented problems, and its reform was omitted from the Affordable Care Act,” the authors support a way forward in the near term. While the current liability system is no longer at the precipice of crisis, Mello, Kachalia, and Studdert agree that “a period of calm in liability insurance markets is the best time to proceed with sensible reform.” The deck is stacked in support of reasonable limits on non-economic damages, with…

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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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