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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