Medical liability insurance issues emerged with a vengeance from a period of relative slumber in 2001. Physicians began to see liability insurance premiums skyrocket. Many were forced to abandon certain services (frequently obstetrics), their independent practices and--in some cases--their states. In response, state and federal policy makers examined a number of legislative remedies to address the crisis: some old--such as screening panels, award caps and premium controls; some new--such as health courts. With their provision of a broad spectrum of services, unique situation as a family's medical home and first-hand knowledge of the crisis' effects, family physicians' input in the formulation and debate over medical liability is crucial.
In 2010, the rulings of several medical malpractice cases overruled enacted state legislation and Governors' actions. Both the Georgia and Illinois Supreme Courts ruled that laws capping the amount of non-economic damages in malpractice suits were unconstitutional. In Pennsylvania, New Hampshire, and Wisconsin, courts determined the legislature cannot use medical liability funds--money collected from doctors and hospitals--to balance the state budget.
Nearing the end of the 2010 legislative session for most states, lawmakers introduced over 700 bills addressing medical liability issues, small, and large, across 41 states. As of April 21, 2010, 77 bills in 27 states became law. Utah led the way with seven enacted bills. New York legislators introduced 79 pieces of legislation during both the regular and special sessions, followed by Hawaii (33), New Jersey (25), Rhode Island (23), Massachusetts (21) and Florida (20). The resources listed below are provided to help family physicians and chapter staff inform themselves and policymakers on this critical health policy issue.
Medical Liability
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