Category Archives: Newsletter

July 2020 Newsletter

Senate stimulus bill introduced with COVID-19 liability protections A second economic stimulus bill introduced in the U.S. Senate this week (S. 4317, the “Safeguarding America’s Frontline Employees To Offer Work Opportunities Required to Kickstart the Economy Act” or the “SAFE TO WORK Act”) incorporates important liability protections for frontline medical providers and facilities. The issue has remained unresolved at the federal level since the start of the pandemic. This is of particular concern given the national nature of the crisis and the lack or inadequacy of sufficient state-level protections. Language in the bill creates an exclusive federal cause of action for injuries resulting from the treatment, diagnosis, or care of coronavirus, or care directly affected by the coronavirus. In addition, the bill preserves state laws which provide even greater levels of protection for our frontline healthcare professionals. The HCLA has also supported a bipartisan standalone bill, H.R. 7059, that addresses the legal vulnerabilities faced by healthcare providers as a result of the pandemic. Both H.R. 7059 and S. 4317 appropriately exclude liability protections in situations of gross negligence or willful misconduct. Speaking in support of the bill, Senate Majority Leader Mitch McConnell stated, “Nobody should have to face an epidemic…

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June 2020 Newsletter

Federal legislation for pandemic providers, facilities gains momentum Late last month, federal legislation was introduced to address the increasing need for liability protections covering front line pandemic responders and the facilities in which they work. H.R. 7059, the Coronavirus Provider Protection Act, is a bipartisan bill introduced by Representatives Phil Roe, MD (R-TN) and Lou Correa (D-CA). The bill includes long-awaited protections addressing the liability exposure of healthcare providers who responded to the health crisis arising from the pandemic. “Plaintiff attorneys have already begun filing COVID-19-related lawsuits, and lawsuits, even those without merit, cost time and money, which clearly interferes with the country’s economic recovery. More importantly, such lawsuits distract health care providers from keeping laser-focused on caring for their patients,” said HCLA Vice-Chair Katie Orrico, in an article in the Northern California Record. their patients,” said HCLA Vice-Chair Katie Orrico, in an article in the Northern California Record. The bill is picking up further momentum as additional co-sponsors sign on and HCLA member organizations express their support. In a letter to Representatives Roe and Correa, HCLA member organizations highlighted that “…H.R. 7059 is a comprehensive, federal solution to a national crisis that cannot be solved by any one state….

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May 2020 Newsletter

HCLA presses Congress to pass COVID-19 liability protections As the need for federal action in support of pandemic responders builds, the Health Coalition on Liability and Access is taking an active role in pressing Capitol Hill on the importance of incorporating these protections in future COVID-19 legislation. Emphasizing the bipartisan support for passing a form of liability shield during the pandemic, HCLA Vice-Chair Katie Orrico spoke to the Northern California Record about work being done by the organization behind the scenes to ensure these protections are broad enough to be effective. “To the idea that something does in fact need to happen, there has been a bipartisan willingness to entertain that, so ultimately the question will come down to how broad are those protections,” said Orrico. Most recently, the group submitted a statement for the record to the Senate Committee on the Judiciary ahead of a hearing on the matter. Senate Republican leaders have been vocal about their approach. “[COVID-19 liability reforms] will extend significant new protections to the people who have been on the front lines of the response and those who will be on the front lines of the re-opening,” said Senate Majority Leader Mitch McConnell (R-KY). Both…

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April 2020 Newsletter

The HCLA and Protect Patients Now remain committed to supporting our front line health care providers and keeping you updated on COVID-19 related medical liability reform developments at the state and federal levels. Visit our dedicated COVID-19 resource page for regularly updated materials and updates. Stopping liability lawsuits from going viral As confirmed COVID-19 cases in the U.S. hover around one million, a new problem may be spreading — medical liability lawsuits. Personal injury attorneys are taking advantage of a captive audience, advertising to the increasing number of homebound Americans. According to an editorial in the Wall Street Journal, television advertising has focused on recruiting cases involving family members of those who became sick or died from COVID-19, in particular, while in nursing homes. With hospitals and providers managing a surge in patients, “Health-care providers have to make treatment decisions against a disease we still know too little about, and they shouldn’t be sued unless they are grossly negligent,” the editorial states. Highlighting the work of Governors in New York, Michigan, and Illinois to protect their states’ providers from lawsuits, the editorial encourages other governors and the federal government to do the same. “Congress last month provided liability protection for…

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March 2020 Newsletter

In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to keeping you updated on medical liability reform developments at the state and federal levels. Good Samaritan language added to economic stimulus bill Exemplifying the risk physicians face when working across state lines in a time of crisis is the current need for interstate health care resources to adequately respond to COVID-19 cases while ensuring medical liability coverage. As a result, the Health Coalition on Liability and Access, its member organizations, and congressional cosponsors of the Good Samaritan Health Professionals Act (H.R. 6283/S. 1350) advocated for provisions of this legislation to be included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 748) signed into law by President Trump on March 27. While the COVID-19 economic stimulus bill does not include the Good Samaritan language in full, it effectively applies the protections — for which the HCLA has long advocated — to volunteers serving existing or potential COVID-19 patients for the duration of this public health…

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February 2020 Newsletter

The year ahead for patients and physicians Advocating for physicians in over 60 active lawsuits, the Litigation Center of the American Medical Association and State Medical Societies has a busy year ahead in support of access to care. Brian D. Vandenberg, senior vice president and general counsel at the American Medical Association (AMA), recently outlined the priorities for 2020 in an interview with American Medical News. On the docket for the AMA is the rise in hybrid medical liability lawsuits. Vandenberg explains, “Hybrid liability suits attempt to disregard medical malpractice liability caps by conflating distinct legal theories—an end-run around legislative tort reform.” Vandenberg highlights these attempts as “disingenuous” ways to overcome limits on noneconomic damages. “We’ll continue to advocate for meaningful tort reform, and will continue to challenge and file amicus briefs in abusive hybrid lawsuits.” He also emphasized the importance of protecting the patient-physician relationship and the continued ability for open and honest discussions about health care recommendations. When asked about what was at stake in several of their key legal priorities in 2020, Vandenberg answered, “Access and trust. It’s really that simple.” To read the full interview on how the Litigation Center is playing a role in support of ensuring…

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January 2020 Newsletter

Iowa mothers facing fewer options for labor and delivery A rising trend of Iowa maternity ward closures is having a domino effect on expectant mothers and access to prenatal care. With 12 maternity wards closing statewide between 2016 and 2018, the already rural state is leaving soon-to-be mothers with fewer options – further away. Once known as a state offering a reasonable medical liability climate, recent sky-high judgements have impacted the willingness of physicians and hospital systems to remain in practice. Between 2017 and 2019, Iowa juries awarded plaintiffs more than $63 million in non-economic damages, adding up to nearly three times the $21.4 million awarded in economic damages. Now, half of Iowa’s counties lack any maternity services at all. “This situation drives up health care costs for all Iowans as malpractice insurance premiums rise, while putting patients, doctors and hospitals at risk,” writes Dr. Marygrace Elson, an OBGYN practicing in Iowa City and president of the Iowa Medical Society, in a recent op-ed. Ranking last across all states in the number of OBGYNs per 10,000 women, medical liability reform is a must, Elson emphasizes. To read more about the need for the Iowa legislature to take action on liability…

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December 2019 Newsletter

Personal injury attorneys target definition of a patient With courts increasingly reviewing physician liability for patients they have never treated, the answer to what defines a patient could shape the future of access to care. The issue stems from a recent case in which a Minnesota physician was held liable for harm to a patient he had never examined, reviewed her records or spoke to directly. Under review was whether or not the physician still had a “legal duty of care” following a conversation with a Nurse Practitioner, in which he recommended that the patient not be admitted to the hospital-based on a series of symptoms. The AMA’s Litigation Center, in an amicus brief, argued that the duty of care was premised on a patient-physician relationship, which was not present in this case. While lower courts agreed, highlighting the importance of informal consultations among health care professionals, the Minnesota State Supreme Court overruled these verdicts. A moot court review of the case at the 2019 AMA Interim Meeting saw audience members raise concerns about a number of issues arising from the decision, including “the chilling effect of the decision, decision-making authority of NPs and physician assistants, legal ethics and medical…

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