Medical Liability Reform Passed by House Judiciary Committee
Earlier this month, the Judiciary Committee of the U.S House of Representatives passed H.R. 5, the HEALTH Act, by a vote of 18 to 15. This allows the bill to move on to the House Energy & Commerce Committee before reaching the floor for a vote.
The HEALTH Act is based on proven medical liability reforms already in place in states such as California and Texas and places reasonable limits on non-economic damages.
“Comprehensive medical liability reforms, like those included in the HEALTH Act, will help control costs and keep our health care system accessible for all patients,” said HCLA Chair Mike Stinson in a statement of support.
This bill is familiar to Protect Patients Now supporters – it has passed the U.S. House of Representatives in four previous Congresses, but has often hit a stumbling block in the Senate. You can click here to visit our Contact Congress page to contact your Senators and Representatives via twitter, e-mail and phone asking them to support the HEALTH Act, and put a badge of support on Facebook encouraging your friends to do the same.
Doctors on Defense
While we all know the practice of defensive medicine is widespread, it isn’t always easy to put a number on its costs or prevalence. Now, a groundbreaking study is giving us a glimpse into the reasoning behind the most common tests and treatments ordered by physicians.
The study was released at a meeting of the American Association of Orthopaedic Surgeons, whose members are the frequent targets of personal injury lawyers. It involved 72 orthopaedic surgeons throughout Pennsylvania and tracked tests ordered on 2,068 patients in office visits, emergency rooms, and other settings.
Doctors noted when a test was required for clinical care or performed for defensive reasons.
Anyone still not convinced that the threat of liability lawsuits is having an impact on health care costs should take note. The results found that defensive imaging, including x-rays and MRIs, accounted for 20 percent of total tests and defensive medicine overall was responsible for 35 percent of health care costs.
It’s understandable that our doctors are on defense after experiencing the damaging effects medical lawsuit abuse and its impact on patient care. Enacting meaningful medical liability reform will finally put the ball in the court of patients. To read more about the AAOS study, click here.
State News, Briefly
Legislation has been introduced in the North Carolina State Senate to avert the state’s impending liability crisis. Retired dentist and State Senator Bob Rucho writes in the Charlotte Observer that the bill under consideration “will drive down your health care costs and lure some of the country’s brightest doctors to North Carolina.” Read about North Carolina’s progress on the reform front here.
Didn’t think the liability climate in Texas could get any better? This month, the Lone Star State added another layer of protection against out-of-control personal injury lawyers, with the Supreme Court of Texas ruling that plaintiffs must sue the government entity where an alleged medical error occurred — not the physician. To read more about how Texas is protecting its patients, click here.
The Montana State House passed sweeping reforms to the state’s liability system this month to limit medical lawsuit abuse and lower health care costs. Supporters hope that the bill will attract more doctors to the state’s rural areas. Click here to read more.
Editorial Chatter
Advocates for medical liability reform are again penning editorials across the country, pushing for changes that will lead to lower costs and greater access to care for our patients.
Ardis Dee Hoven, MD, chairman of the American Medical Association’s Board of Trustees, writes in an editorial piece in American Medical News that the time for action on reform is now.
“I, for one, am very tired of practicing defensive medicine and constantly looking over my shoulder when I should be concentrating on what is best for my patients,” wrote Dr. Hoven.
Dr. Hoven testified alongside PPN spokesperson Stuart L. Weinstein, MD last month in front of the House Judiciary Committee in support of meaningful medical liability reform. To read Dr. Hoven’s full commentary, click here.
The Boston Globe editorial page also encouraged President Obama to back up promises for liability reform with action.
The editorial calls for both political parties to “find common ground on innovative approaches that not only reduce jury awards but also help doctors and hospitals correct underlying problems.” We couldn’t agree more. Click here to read the editorial.
